THE IDEAL TOOL STEP 4: Limit guardianship Limit any guardianship to what is necessary to meet the patient’s unmet needs
The guardianship process is complex and can take a while depending on the patient’s situation. Guardianship also has its limits. Guardians cannot force a patient to comply with treatment or stay in a care setting. Guardians have a duty to make independent decisions based on the patient’s preferences, values, and beliefs. They also may need court approval to make certain decisions. The IDEAL approach ( IDentify needs, Evaluate capabilities and resources, Assess alternatives, and Limit any guardianship) can help you avoid the need to petition for guardianship altogether or can help you present a petition that contains the necessary information about alternatives and limitations to the guardianship so that the court can consider the matter efficiently.
Even if the patient has needs that cannot be addressed by any combination of the alternatives to guardianship described in this guide, you have done important leg work. The court will need to know what alternatives to guardianship have been tried and failed before appointing a guardian. Documentation of your work here can help your facility’s attorney prepare a guardianship petition and present evidence. Being specific about the patient’s needs and capabilities can help your attorney advocate for a limited guardianship that is tailored to the patient’s needs. The patient will be represented by an attorney whose job it is to advocate for the patient’s wishes, protect their rights, and argue for any guardianship to be in its least restrictive form. Review the overview of Guardianship Law and Process to learn more. If you are asked to complete a certificate of incapacity, review the guidance on Capacity Assessments in Appendix B. Consider using the Guardianship Referral Worksheet in Appendix C .
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