Page 33 - Cannabis News Florida Dec 2020

Guardianship Issues in Healthcare

Healthcare issues of • The right to present evi-
guardianship arise when a dence and confront and
patient cannot think or cross-examine witnesses;
decide for themselves. • The right to a second
Healthcare professionals independent medical opin-
and administrators are ion;
• The right to a closed
Specializing in Medically often uncertain about how hearing; and
the law and the rules of
guardianship work and the • The right not to attend
Complex Patients process involved. Often the hearing
hospitals, long term care
Kindred Hospitals are owned by Kindred and mental health facili- What happens if
Healthcare, Inc., a national network of Long Term ties, have to deal with inca- BY BEN ASSAD MIRZA, guardianship is
Acute Care Hospitals (LTACH's). pacity and guardianship ESQ., LLM, CPA, determined to be
issues when it comes to MPHA, CHC necessary?
Kindred Hospitals provide specialized, high quality patient care. The following When guardianship is
care for acutely ill patients. For more than a decade, is a legal perspective on how to navigate ordered by the court, the named guardian
we have fine-tuned the art of medically complex care.
that maze: becomes an officer of the court and is sub-
Our services range from complex catastrophic ject to the oversight of the court.
illnesses that require intensive care, post-surgical medical Guardianship? If guardianship is of the person only, the
rehabilitation to patients suffering from chronic diseases requiring respiratory and Adult guardianship is the legal process guardian is required to:
rehabilitative therapies. Kindred Hospitals provide outcome-oriented by which an individual assumes the role of • Execute a no surety bond or an Oath
cost effective care for patients with a wide spectrum of decision-maker for an adult who becomes of Office; and
medical conditions. unable to make such decisions for him- • Report annually on the mental and
self/herself. physical condition of the ward.
Admissions to Kindred Hospitals may be Guardianship can take several forms If guardianship includes the ward’s
recommended by physicians, acute-care hospitals, involving various aspects of the ward’s life, estate, the guardian is required to:
rehabilitation hospitals, managed care providers, case whether it be health, wealth or how to live • Execute a surety bond in an amount
management companies or by the patient’s family. out the person’s day to day life. The determined by statute;
In all cases family tours are encouraged. responsibilities can be divided up or cen- • Present an annual budget and an ini-
tralized under one guardian. tial inventory of the estate’s assets; and
• Present an annual accounting of the
Who can be a guardian: ward’s assets to the court.
Kindred Hospital Kindred Hospital Kindred Hospital Kindred Hospital • Must be 18 years of age; United States
Fort Lauderdale Hollywood Coral Gables The Palm Beaches resident, of sound mind, does not have a Who pays for the guardianship?
1516 East Las Olas Blvd. 1859 Van Buren St. 5190 Southwest Eighth St. 5555 West Blue Heron Blvd
Ft. Lauderdale FL 33301 Hollywood, FL 33020 Coral Gables, FL 33134 Riviera Beach, FL 33418 disability and has not been convicted of a Generally, if guardianship is of the per-
954-764-8900, ext. 5136 954-920-9000 305-448-1585 561-904-8451 felony involving harm or threat to others, son only, and the ward has no assets, the
www.khfortlauderdale.com www.khsfhollywood.com www.khcoralgables.com www.khthepalmbeaches.com may serve as guardian of the estate. petitioner usually bears the cost burden. If
the ward has an estate, the costs of gaining
Determination of guardianship: and maintaining the guardianship are
Though the process differs by state, the borne by the ward’s estate.
person seeking guardianship must:
• File a petition for guardianship of the What are the limitations
alleged person with disabilities nominat- of guardianship?
ing the qualified person to act as guardian; Examples of the limitations of guardian-
• Have the petition served. Service is ship include, but are not limited to:
usually performed either by the sheriff of • No authority for permanent place-
the county in which the petition is filed, or ment in a care facility without court
by private service (in some jurisdictions approval;
private service requires court approval) • Ward cannot be forcibly medicated,
and must be accomplished by some speci- except by order of the court;
fied number of days prior to the hearing • Ward cannot be kept isolated from any
date;” person, except at their request, or by order
• Provide notice by mail to the respon- of the court for the ward’s safety;
dent’s nearest relatives; and • Ward cannot be prevented from
• Obtain a medical report from a requesting a hearing to seek restoration of
licensed physician detailing the reason rights.
guardianship is necessary. Guardianship is a deprivation of indi-
The law takes the revocation of a citi- vidual rights and should be sought only as
zen’s rights very seriously and provides the a last resort.
respondent with legal protection in
guardianship cases, which are spelled out If you have questions about how guardian-
in the governing statute. ships work, or how to navigate that area of
These rights are as follows: law, contact Healthcare Law Partners, LLC,
• The right to object to guardianship; directly for a free consultation at
Isn’t it time for an independent expert opinion • The right to counsel, either chosen by (954)634-2370 or
on your malpractice insurance coverage? the Respondent or appointed by the court; Ben@HealthcareAttorney.Net.
• The right to a jury of six persons;
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4 December 2020 southfloridahospitalnews.com South Florida Hospital News