Establishing a guardianship can be essential, especially for individuals with extensive long-term care needs. It may seem like an ideal setup, but the law may only allow it as a last resort. New York state law has provisions requiring individuals to seek alternative options before choosing guardianship. This step can be crucial in helping individuals use less restrictive arrangements to maintain autonomy despite their condition.
If someone requires long-term care but can still make personal decisions alone, they can use specific guardianship alternatives, including the following:
- Home care assistants and services – This setup involves having an aide to help the individual perform regular personal care tasks, such as bathing, cooking and other activities.
- Medical and non-medical care arrangements – These setups can involve visiting nurses or adult day services. These options can help individuals live while meeting medical and non-medical needs safely.
- Assisted living facilities – This option can be ideal for individuals requiring round-the-clock assistance, especially if their conditions keep them from living independently.
- Geriatric care – This setup can be ideal for seniors requiring short- or long-term care. These services can be flexible, often changing based on the individual’s requirements.
The most appropriate options often vary, depending on the extent of the individual’s capacity. Guardianship could be relevant, but less limiting alternatives can help promote independence, potentially making them more beneficial for the individual.
Addressing needs that can change over time
A person’s needs can change as their condition develops, impacting the type of arrangement they need. When choosing options for long-term care, seeking legal counsel can be helpful in foreseeing what requirements can arise over time. Legal guidance can also help when making comprehensive preparations, considering the individual’s condition and unique circumstances.