Middle Ground Alternatives

How do you determine if limited guardianship is appropriate?

Can the person make informed decisions about some areas of his or her life?
What decisions can the person make? Can the person pay his/her own bills? Can he/she make decisions about personal health care? Can he/she make decisions about living arrangements?
If the person had a limited guardian instead of a full guardian, would the person be assured the care, support, and services he or she needs? Would the person be at risk of abuse or exploitation?

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Scenario: Limited Medical Guardianship

Jennifer seems to have a particularly virulent form of multiple sclerosis. When she was first diagnosed, Jennifer was determined that she would not constrain her independence in any way. So she finished high school in the top ten, swam competitively, and attended her prom with best athlete on the track team (10.4 in the 100 yard dash). Jennifer was looking forward to attending Reed College in Oregon but her condition worsened to the extent that she was now totally wheelchair bound, losing her strength, and now becoming increasingly depressed.

Her parents were very concerned about Jen. She no longer even attempted to get out of bed and was worried about having no money to pay for the bills that were piling up on her desk. At her most recent medical appointment, her physician had sternly lectured her about following his protocols if she wanted to stay connected and mobile in the world.

Following a long and emotional conversation with her mother and sister, Jennifer decided to ask her sister Ophelia for help. “I can’t deal with all the meds, the rules, the protocols, and the decisions about what to do about my medical care. Is there a way you can help me? I’m feeling so overwhelmed; I can’t even think about the money I owe. I don’t know what to do.” Jennifer was on the verge of tears and looked so vulnerable.

“Don’t you worry; I’ll look into it, “Ophelia replied.

As part of her investigation, Ophelia considered the following questions:

Can Jennifer make informed decisions about some of the areas of her life?
What decisions can she make?
Can she pay her own bills?
Can she make decisions about personal health care?
Can she make decisions about living arrangements?
If Jennifer had a limited guardian instead of a full guardian, would she be assured of the care, support, and services she needs? Would she be at risk of abuse or exploitation?
What would you do?