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If you are a family caregiver or a care-receiver, it is important that you understand your legal rights. Use this article to help start a discussion with your attorney or with the appropriate representative.

1. What is guardianship? Guardianship is a legal process used to insure that a person who is unable to make decisions on their own has someone specifically assigned to make decisions on their behalf.

Usually, as a last resort, a judge decides if the care-receiver is no longer capable of managing his or her life.

A person for whom a guardian is appointed is known as a ward.
2. What are the responsibilities of a guardian? The responsibilities of a guardian may include providing for the care and comfort of the ward.
In addition, the guardian must take care of the ward’s clothing, furniture and automobiles.

A guardian must secure services to help the ward return to self-care as soon as possible.
3. Who can petition the court for appointment of a guardian? A care-receiver on his/her behalf, a family member, or any person interested in the welfare of the prospective ward, can petition the court.
4. What if the care-receiver disapproves of the petition? The care-receiver should consult an attorney immediately.

The court can only appoint a guardian after clear evidence is presented at a hearing that the are-receiver is not capable of making informed decisions about his/her own care.
5. What rights does the care-receiver have when facing a potential guardianship? The care-receiver has the right to object to the guardianship, to the powers of the guardian, and to appointment of a particular person as guardian.

The care-receiver has the right to be present at the hearing, and represented by an attorney. The care-receiver has the right to present evidence on his/her own behalf.

The care-receiver has the right to cross examine all witnesses and to have a jury trial.
6. Do all guardians have the same powers? No. The court will tailor the powers of the guardian to the demonstrated need of the ward.

In some cases the court will allow the ward to control part of his/her property to encourage self-reliance.
7. Can a guardian be replaced? Yes. You or any person interested in the ward’s welfare, can petition the court to remove a guardian and appoint another.
8. How long does a guardianship last? Many times it lasts until death.

But the court must review the guardianship one year after it begins and then every three years.
9. What if the ward feels he/she no longer needs a guardian? The ward should send a letter to the judge of probate court requesting the guardianship be ended.

Or a petition can be filed by the ward or by anyone interested in his/her welfare. In either case, a hearing will be held.
10. How is a conservatorship different from a guardianship? Unlike a guardianship, a conservator cannot make healthcare decisions.

A conservator is a person or corporation appointed by probate court to manage another person’s property and financial affairs.

This differs from a guardian, who is appointed by probate court and makes decisions about the care of another person.

Take the time to talk with an attorney and communicate your intentions. Whether you are the care-receiver or the caregiver, legal planning is important.

Rebecca Colmer is an Eldercare Advocate, Author, Speaker, Publisher, and Caregiver. You can find more caregiving tools and resources at her website:
Caregiving Tools

Proper home care training is more important than ever for those who work with the elderly, as increasing numbers of older Americans are staying in their own homes or moving to some sort of assisted living environment. And today’s training isn’t just for practical care nurses or those who work in nursing homes. More and more in-home care providers, from family members to volunteers, are taking the time to train properly in order to offer the older individuals they care for the best care possible.

An increasing number of individuals are taking care of an elderly parent or parents or someone in their family who is disabled. This are the people who are frequently unprepared for their role as caregivers and are surprised to learn just how stressful and complex the role of a caregiver in the home can be. Home care training programs created by health care professionals now provide a way for these individuals to learn the techniques they need to provide a safe, healthy and supportive environment for their loved ones.

Quality home care training programs cover a wide range of topics of concern to the typical in-home care provider to ensure the comfort and health of both the care recipient and the provider. Typical subjects covered may include:

1: Personal care techniques, including proper bathing techniques and lift-and-carry techniques.

2: Recognizing early warning signs of health issues and illness as well as how to check basic vital signs.

3: Respecting the dignity and boundaries of the patient.

4: How to meet the physical and nutritional needs of the person being cared for.

5: Emotional support and wellness issues.

6: How to locate and take advantage of local resources for both the care giver and the individual being cared for.

7: Special-needs issues such oxygen use, wheelchairs, and caregiving for the bedridden.

8: Maintaining health and well-being as a caregiver.

These courses give in-home health care providers a solid background in what to do to make their loved ones more comfortable as well as giving them the confidence many lack when they begin caring for an elderly parent. It can be heart-wrenching to care for someone who once cared for you, and hesitation or lack of confidence can make it difficult to make crucial decisions. The proper Home care training can make an enormous difference. In fact, good home care graining can be the difference between an older parent being able to maintain relative independence in their own home and having to go to a nursing home facility. If an adult is properly trained and feels confident that they know how to provide quality daily care for their parent or grandparent, they are more likely to allow an elderly relative to stay in their home and enjoy the lifestyle familiar to them. However, if they feel overwhelmed and uncertain about what they should be doing or are simply lost about how to handle daily tasks as a caregiver, they will most likely insist on a move to a nursing home facility sooner rather than later.

Individuals who are interested in home care training should contact their local hospital, counsel on aging or community college to inquire about home care training programs in their area. There are also some training programs offered online as well as through faith-based organizations such as churches and synagogues.

Look for programs that are recommended or approved by established organizations such as the National Alliance for Caregiving or the National Family Caregivers Association. Recognition by these types of respected agencies is a sign that the home care training program has been thoroughly tested and meets their exacting standards.

Medifecta.com provides a variety of home care training programs for both professional and family caregivers.

According to the National Center for Victims of Crime, elder abuse has increasingly become a problem in North America, with caregiver neglect, psychological and physical abuse and financial abuse the most common forms. Proper elder abuse resources, however, can not only educate caregivers and health care professionals but family members as well so that they will know how to spot the signs of abuse and know when to intervene.

Types of Elder Abuse Resources
There are many resources that the elderly or those close to them can turn to if they are the victims of or suspect abuse; however, in many cases if an elderly individual is being abused, they are too isolated to seek help for themselves. If you suspect someone you know is the victim of elder abuse be sure you speak out on their behalf. Talk to someone who can take them to a hospital for a physical examination or file a complaint with the proper authorities. In most cases, a social worker or any medical practitioner will be required to file a police report due to mandatory reporting laws, which means an investigation will ensue to protect the person’s safety.

If you are visiting an elderly friend or relative, be receptive and listen seriously to any complaints they have. Take notice of unusual bruising or behavior that indicates fear of their caregiver. If you suspect abuse, contact your local agency on aging and ask them to put you in touch with appropriate elder abuse resources in your area.

Educational Materials
There are also elder abuse resources that are preventative in nature that are valuable for both professional caregivers and family caregivers. These types of resources include educational materials such as books, DVD’s and coursework that give individuals the knowledge and skills needed to cope with the everyday stress and sometimes overwhelming challenges of providing long-term care for the elderly.

Prevention is crucial with today’s increasingly aging population. According to the National Institutes on Aging, the age group 85 and older is now the fastest growing segment of the United States population! Add to that the fact that the population of people over age 65 is expected to double in the next twenty-five years, and the potential for elder abuse is staggering. By 2030, there will be 72 million Americans over 65 years of age.

Educating caregivers will protect future generations as well as today’s elderly. The more educated today’s caregivers are, the more valuable information they can pass on to the next generation of caregivers.

The best elder abuse resources for educational purposes will combine a balance of topics, including the various forms that abuse and how to recognize the signs as well as how to prevent and cope with the abuse. The information should be backed by research and information provided by recognized experts in the field of elder abuse.

Finding Good Elder Abuse Resources
No educational program on elder abuse should leave out information on:

1: What ageism is and its effect on the elderly.

2: The pattern of family violence and why it often escalates when an elderly family member is the target.

3: Alcohol and drug abuse and their affect on both caretakers and the elderly.

4: The complications caused by financial difficulties when caring for the elderly.

5: Caregiver stress and how to alleviate it before it manifests itself in elder abuse.

By learning more about the serious problem of elder abuse and its repercussions as well as the overwhelming impact it has on the victims, including declining health, depression and possible suicide, caregivers and family members will treat elder abuse with the attention it deserves. Educational elder abuse resources can be the first step toward bringing this problem into the light and protecting our senior citizens in their last few decades.

Medifecta provides comprehensive elder abuse resources and training programs that include interviews with experts on this important national concern and what you can do to prevent it.

The caregiver role is complex and differs for everyone depending on the needs of the care-receiver.Many times, in the beginning, there may only be a few needs, such as providing transportation or helping with shopping or cooking.

Over time, needs increase, requiring additional services, until the care-receiver is fully dependent on the caregiver.Here are some tips to help you get started:

1. Every caregiver should know as much as possible about the care-receiver.You should know their characteristics and personality style. For example, you should know their likes, dislikes, family members, ailments, etc.

You should know if the care-receiver is outgoing or reserved, task-oriented or people-oriented. Once you get to know them better you will be able to understand their needs and behavior patterns.

2. Every caregiver should know and understand his/her responsibilities, duties, and tasks.As a caregiver, you have a responsibility to be sensitive to the needs of the care-receiver, and to find a way to satisfy their needs.

This may require you to enlist the help of others. The duties of the caregiver usually change and increase over a period of time. Set up and follow a care plan.

Recording essential daily information will assist everyone on the Care Team. It also allows another caregiver to take your place fairly easily.

3. Stay updated on the health condition of the care-receiver.

As the health of the elder deteriorates and more needs start to surface, it is important for the caregiver to find out how to cope with them.

Keep a log of his/her daily activities (medicine taken, food intake, sleep habits, temperament, etc.) so that you will always have a snapshot view of their current health.This information will help the doctor get a more complete picture of the condition of the care-receiver.

4. Assist as little as possible in tasks the senior can usually handle himself/herself. Just as it is not easy being a caregiver, it is not always easy being a care-receiver.

The gradual loss of independence and control over just about everything is difficult to accept. Remember, seniors have the right to their dignity and pride.

5. Caregivers should express warmth and concern towards the welfare of the care-receiver.

If the care-receiver has a poor self image or feelings of inferiority, the caregiver may have to provide reassurance while ignoring negative behavior.

A caregiver must have patience (and stamina) for change in moods.

6. Be a good listener. Many times seniors may simply want you to listen.They want to share their stories. Caregivers must be careful to avoid put downs and choosing sides.

Pay attention and be able to connect the dots between past, present, and future. Listen intuitively or use your sixth sense to hear underlying messages.

7. Smile a lot. Be a good friend and companion. Be as positive as possible.

8. When friends and family neglect to call or visit, do not hesitate to remind them.

9. Ask for help. Advocate for what you need. Sharing the care of a loved-one benefits everyone.

10. Maintain your self-composure and avoid stress. Elder abuse can occur as a result of caregiver stress.

It is imperative that you are aware of and deal with stress.

Rebecca Colmer is an elder Care Advocate, Author, Speaker, Publisher, and Caregiver. You can find more caregiving tools and resources at her website:
Caregiving Tools

Amberly is a career woman with aging parents. Her parents require assistance to daily life routines. Amberly is not able to continue her career and look after her parents, as she would like. She had no other relatives in the area. After careful consideration, she decided to hire someone to assist her parents while she worked.

She performed a detailed search. She also conducted what she thought was an extensive background check on all the candidates. The were many prospects with various backgrounds. They all submitted resumes and she looked at each one with care. She wanted the person to be right. After all she was talking about her own parents.

She finally settled on a young woman named Sandie. Before she officially hired Sandie, she brought her over to meet her parents. She wanted to test both sides reactions. She needed to know if her parents would like her. She also wanted to know if Sandie had any objections to her parents. Both sides seemed to be OK with each other.

Sandie seemed to have the kind of gentle personality that Amberly was looking for. Amberly hired Sandie. In the beginning, she was very pleased with Sandies work. A few months into the relationship brought change. Amberly noticed that her parents were starting to complain. They told her that Sandie was doing bad things.

Amberly did not notice anything unusual or any overt signs of mistreatment. She also knew that her parents would do almost anything to get her attention. She decided to wait a while before she made any accusations. She did not want to jump to conclusions, because Sandie was a big help. She knew it would be hard to find anybody else with her qualifications.

She kept a close eye out for anything unusual but there was nothing. Her parents continued to complain. They tried to explain, but Amberly did not see any signs. They were both subject to memory loss and other deficiences associated with aging. They repeatedly mentioned something about a monster.

This made it even harder for Amberly to give their story any credibility. A few more weeks went by. Amberly noticed that her parents had grown really quite. She thought this was unusual since they had always been talkative. She wondered what was wrong. She asked Sandie if there was anything she should know. Sandie said no. Amberly was getting concerned.

She really wanted to know what was going on with her parents. Her focus fell on Sandie. She was determined to find out what was going on. One day she acted as if she was going to work. She drove around the corner and walked back to her house. She looked through one of the windows. What she saw was disturbing.

There were her parents tied back to back in chairs. Sandie was parading around them in a monster mask. Amberly called the police. They went inside and told Sandie what Amberly saw. Sandie said it was just a technique she used to get elderly people to cooperate. She was arrested for endangerment.

There is a need to know whats going on at your home when you are not there. The elderly cannot always clearly explain whats happening to them. It is important to know all you can about the person you choose to care for them. Choosing the right people is not always an easy task. Even after you choose, you must remain vigilant. Never ignore your intuition.

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If you are considering moving into a new home in the near future, you may want to consider building your own home. Whether you decide to hire a builder or manage the project yourself as an owner builder, you may want to consider using Universal Design techniques to improve the living conditions for the elderly members of your family, as well as plan for your own future in the home.

If building your home as an owner builder, you will have complete control over the design methods and all of the details. If you hire a builder, you’ll want to make sure he is familiar with the different Universal Design concepts.

So, what is Universal Design?

Because of Universal Design, different family members with different needs can all enjoy the same home. And that home will be there for all its inhabitants even when their needs change. So, whether you’re old or young, perfectly healthy or ill, a home built with Universal Design standards will fit the family’s needs.

Here are some features that are common in Universal Design:

1. Entries to the home without steps or stairs:

This feature is perfect for disable family members or elderly family members. But, it is also a great feature for everyone else as well. Likewise, the main rooms can be designed without any stairs leading into them. Many owner builders who are designing their new homes are using this very method, especially if they are planning to stay in their home well into the future.

2. Major rooms located on the first floor:

It’s more popular than ever to have the master bedroom located on the main floor. Universal design takes it a step farther by having all the major rooms - bedrooms, kitchen, bathrooms, etc. - on the main floor to avoid stairs.

3. Doorways and hallways widened to allow for wheelchairs:

Universal design doorways are widened to 32″ - 36″ to accommodate wheelchairs. This is perfect for the elderly, but it also makes it easier for the entire family to move larger items in and out of the home. Hallways should be 36″ - 42″ wide. Stock home designs won’t have these adjustments. So, hire a builder who is familiar with these concepts, or design your own home as an owner builder to get the details the way you want them.

3. Extra floor space:

This concept obviously benefits the entire family. Everyone can use more space to roam, whether it’s a family member in a wheelchair or not.

4. Closets designed with adjustable brackets:

Owner builders and smart general contractors are designing homes with closets that have adjustable brackets to allow you to move clothing rods and shelves to different heights. Thus, a closet will adjust and grow along with a child, as well as be useful to you in your later years if you start using a wheelchair. Universal Design is about ensuring your home will adapt to your family’s changing needs.

5. Floors and bathtubs with non-slip surfaces:

Properly surfaced floors and tubs will help everyone in the family stay on their feet and prevent injury. This is a perfect example of how Universal Design is not just for the elderly or disabled. Likewise, you may want to consider installing handrails or grab bars in the bathrooms.

6. Rocker light switches and lever door handles:

People with disabilities, arthritic hands, or with poor hand strength will benefit from easy-to-use light switches and door handles. However, everyone in the home will like them, especially when your hands are full and can’t grab a standard door knob.

All of the above features are simple examples of Universal Design techniques that benefit the disabled or elderly. But, it’s also very easy to see how the entire family will enjoy these changes.

It’s also easy to see why people are building their homes using Universal Design features. Owner builders who are managing their own home design and construction will have full control over the details of the new home. More and more owner builders are turning to Universal Design as a way to care for every member of their family, not just the elderly.

Chris Esposito’s Owner Builder 101 program provides owner builder construction loans nationwide for those who want to manage the planning and construction of their new home. Visit www.OwnerBuilder101.com to get more info. Or call Owner Builder 101 at (877) 876-3688.