Guardianship for elders involves the interface of medical, legal, financial and social services matters.
JFS is appointed by the Probate and Family Court of Massachusetts as guardian of last resort for vulnerable elders who are no longer competent to make their own decisions. The cognitive deficits of these individuals are a barrier to accessing appropriate healthcare and living situations, and to taking care of their own needs.
JFS assumed its first legal guardianship of elders in 1982 as the first social service agency in Massachusetts to provide this service.
As legal guardian, JFS is responsible for making decisions on the ward’s behalf, based on what the ward would have decided were he/she competent, or in the best interest of the elder.
Once appointed guardian by the Probate and Family Court, JFS ensures the elder's well-being and safety by:
- Making medical decisions on the ward’s behalf and providing “informed consent” for treatment.
- Monitoring the ward’s ongoing care and condition, and advocating for optimal care.
- Managing the ward’s finances and assets, including paying medical and living expenses, and applying for benefits and entitlements.
- Making arrangements for the ward to live in a safe, suitable setting and ensuring that he or she receives appropriate services.
- Addressing the ward’s personal and social needs.
- Assisting ward and family with end-of-life issues.
- When appointed Conservator, JFS manages the elder’s finances and estate, but the elder is still competent to make his or her own personal and medical decisions.
In addition, JFS provides consultation and assistance to others serving as guardian, or to those seeking information on a prospective guardianship situation.
- JFS is available to be hired by a guardian to provide case management services for an elder, provide coordination of care, and monitor placement and visitation.
- JFS provides information and referral services to families, friends and community professionals to assist with guardianship. JFS does not petition the Court directly for appointment of a guardian.
Referrals are screened by Michelle Sheerin, JFS Guardianship Program Director .
The following preliminary criteria must be met:
- The client must be over 60 years of age and living in the geographic area defined by the specific program, either in the community or in a hospital or long-term care facility.
- There must be a physician willing to sign a medical certificate attesting to the client’s inability to manage his or her own affairs.
- In cases where medical consent is requested, there must be a physician willing to document, in writing, the need for medical intervention or drug therapy, the general medical condition of the patient, the pros and cons of such treatment, the risks to the patient, and the impact on the patient’s quality of life. If the Probate Court judge requests, the physician must be willing to testify either in court or at the patient’s bedside.
- There must not be any relatives or friends available who can appropriately serve as guardian.
- There must be appropriate parties, as required by law, willing to petition the Probate Court for the appointment.
- The referral source should document, at least anecdotally, the recent behavior of the client, the reasons legal intervention is necessary at this time, and the intended effects of appointing a guardian. Since guardianship/conservatorship is an extreme action, JFS must see evidence that other options have been exhausted.
Guardianship is generously supported by Central Mass Agency on Aging and the Executive Office of Elder Affairs.
