if they could.xxi It is important to remember that your decisions must align with the decisions you believe they would make to the extent possible, even if you personally disagree with the decision.
To advocate for the IP, you must understand their needs, wishes, wants, and beliefs. It is important to stay in contact with them, so you are aware as their needs and desires change. You also have a responsibility to stay informed about their condition and situation. Furthermore, it is your role to speak up for them and ensure their voice is heard in all aspects of decision-making when they are unable to speak for themselves.
Whenever possible, it is important to try to work with the IP’s family. There are times when the requests or desires of one or more family member may not align with what you believe to be in the best interest of the IP. These situations can be particularly challenging if you are also the IP’s family member. While it is ideal to include the IP’s loved ones and family members in their care and have their support for your decisions, this is not always possible. Ultimately as guardian, you are the advocate and decision maker appointed by the court for the IP, and you must do what you believe aligns with the IP’s wants, needs, and best interests, even if others disagree.
Another aspect of being an advocate for the IP is ensuring they have access to appropriate services, benefits, and care in the least restrictive environment that will meet their needs. You also must protect their rights and freedoms while making sure their needs are being met.
Be visible, be informed, be involved, and be heard.
As a guardian, you must be diligent in your care for the IP. This means you need to make plans to ensure their care continues when you are absent. This may involve making arrangements prior to going out of town, ensuring their caregivers have a way to reach you at all times, and planning for their care in the event that you become sick, hospitalized, incapacitated, or die. See Other Guardianship Situations for more information about Successor Guardians.
You must also demonstrate loyalty and trustworthiness by putting the needs of the IP before your own and honoring their wishes. This means you may need to make choices that are less convenient for you or that differ from your personal preferences.
It is important that you keep in mind your ethical obligations as a guardian when you weigh decisions about the IP’s care or finances. They should be able to live in the least restrictive environment that meets their needs; engage with their community and loved ones; participate in decision-making as much as possible; and trust that you will consider their needs, desires, beliefs, and safety when you make any decisions on their behalf.