by Michele Moon
As Certified Senior Housing Professionals in Orlando, the Estate Conversions Team -
Lisa D'Aloise and I - have been trained and educated to provide a new level of expertise, service, and compassion to our senior and boomer clients.
That includes building a resource team of other professionals who provide specific services to seniors and family caregivers - businesses and people that we have vetted and feel confident in referring our clients to. As
Certified Senior Housing Professionals, it's our job to help you with real estate transactions, including the sale or purchase of a home, and also know the right people to refer you to when a need outside of our scope of business appears.
One of those needs that may develop when one embarks on a late-in-life move is that of a
Professional Guardian. Here's an overview of what a professional guardian in Orlando, Orange County, and all across Central Florida does.
H. Leonard (Lennie) Burke, Professional Guardian.
Michelle: Lennie, I have worked with several Professional Guardians, so I have some idea of what you do, but I’m not sure I understand the whole story. Why is guardianship necessary in the first place?
Lennie: Sometimes an individual won’t be able to make decisions for him or herself. This could be as a result of Alzheimer’s or other dementia, a stroke, injury or some other mental deficiency. In that tragic circumstance, someone else will have to make important decisions for them. So, the Circuit Court can be asked to appoint a guardian to take over that responsibility so that their health is protected and their property is not wasted or stolen.
Michelle: Shouldn’t this be the role of a family member?
Lennie: Generally, yes. The law specifies a preference for a family member to act in this critical role. Sometimes there is no family member available, willing or qualified. In that case the Court might have to seek the assistance of a Professional Guardian.
Michelle: So, you’re only appointed when there is no family member to be appointed?
Lennie: There are other situations. One is a dispute within a family. In that case, a judge may appoint a Professional Guardian because they are neutral. I’ve been appointed in this situation several times.
Michelle: So, let’s say you are appointed. What kinds of decisions are you empowered to make?
Lennie: The powers can be divided into two categories – guardian of the person and guardian of the property. Guardian of the person might include medical decision making, determining social environment and residential placement. Guardian of the property might include managing funds, receiving benefits, protecting personal and real property and paying bills.
Michelle: You said “might”. Can you explain that word choice?
Lennie: When the judge determines that an individual is incapacitated, the judge will remove certain rights from that person based on that individual’s capacity. The judge will also determine specifically which rights and duties will be assigned to the guardian.
Michelle: Are Professional Guardians licensed?
Lennie: No, not exactly. We are technically not “licensed”. We are required to be registered with the Department of Elder Affairs. In order to be registered, we have to complete a training course, pass a competency exam, obtain a bond, and pass both criminal background and credit checks. We also have to obtain regular continuing education and renew our registration every year. So, it’s very similar to licensing.
Reach H. Leonard (Lennie) Burke, Professional Guardian at 321-251-8133
Michelle: Is there any review of the actions of a Professional Guardian and are there any professional standards?
Lennie: The guardian serves at the discretion of the Court and all actions are subject to Court review. A guardian of the person must submit an annual plan to the Court. That plan documents care during the previous year and forecasts what care will be provided during the coming year. A guardian of the property must submit an annual accounting of all assets and transactions for audit by the Court.
The State of Florida does not impose an ethical standard or standards of practice on guardians. Some Professional Guardians enjoy national certification (by the Center for Guardianship Certification) which obligates them to follow an ethical standard subject to discipline. Both the National Guardianship Association and the Florida State Guardianship Association have published standards of practice which are advisory.
Michelle: Do you have any final comments?
Lennie: Guardianship is not something anybody wants. It should be regarded as a last resort. It can be expensive and intrusive. I liken it to a heart bypass operation. Nobody looks forward to having their heart cut open. Sometimes it is necessary for the patient. Guardianship is similar in that it may be the necessary step to protect someone from danger. Lastly, guardianship doesn’t have to be forever. We are required to review on an annual basis whether rights could be restored and the person under guardianship always has the power to petition for restoration of their rights.
Michelle: You mentioned a moment ago disputes within families and we have talked about that before. Can we talk in the future about your efforts to help families in conflict?
Lennie: Absolutely. I look forward to that.
Indeed, Lennie also provides mediation, a service that - in some cases - may allow guardianship to be avoided.
