Which entity may appoint a guardian to make decisions for a resident if the POA is unavailable?

Which entity may appoint a guardian to make decisions for a resident if the POA is unavailable?

• A. The resident
• B. Another family member
• C. A guardian appointed by a judge
• D. The department of health

Answer: (C)

When a valid power of attorney isn’t available, decisions for a resident who can’t act for themselves are handled through guardianship. A guardian appointed by a judge steps in to make personal and/or financial decisions in the resident’s best interests. This is a court-ordered arrangement that provides legal oversight and protects the resident because it ensures someone trustworthy is making the right calls when capacity is lacking and no POA exists. The resident themselves typically can’t designate a guardian in the absence of a POA, and while a family member can petition the court to become guardian, the actual appointment only happens through a judge’s order. The department of health doesn’t appoint guardians.

When a valid power of attorney isn’t available, decisions for a resident who can’t act for themselves are handled through guardianship. A guardian appointed by a judge steps in to make personal and/or financial decisions in the resident’s best interests. This is a court-ordered arrangement that provides legal oversight and protects the resident because it ensures someone trustworthy is making the right calls when capacity is lacking and no POA exists.

The resident themselves typically can’t designate a guardian in the absence of a POA, and while a family member can petition the court to become guardian, the actual appointment only happens through a judge’s order. The department of health doesn’t appoint guardians.