What is a guardian?
What do guardians do?
What are community guardians?
What are Selfhelp’s goals as a community guardian?
How do guardians work with families?
When is Selfhelp available to meet with families?
What are the limitations of community guardianship?
When does guardianship end?

What is a guardian?

A guardian is a person or agency appointed by the Supreme Court of the State of New York, for persons deemed legally incapacitated and as a result unable to provide for their personal needs and/or property management. A guardian is appointed when the person cannot adequately understand or appreciate the nature or consequences of this inability.

What do guardians do?

A guardian is an intensive case manager, a surrogate decision-maker, a coordinator of community services and a money manager. When supportive services are required to protect individuals from abuse, exploitation, and/or eviction, the guardian can step in and provide that protection. The powers of the guardian are limited to those the court deems necessary and may include decisions about personal care, social, environmental, and living arrangements.

What are community guardians?

A "Community Guardian" is a guardian who can only serve individuals who live at home, as opposed to those who are in nursing homes or other residential facilities. Selfhelp’s Community Guardian Program grew out of a 1986 New York State Law which enabled not-for-profit organizations to serve as guardians when the Department of Social Services is the petitioner and the individual for whom guardianship is sought is an Adult Protective Service client. Selfhelp is one of three agencies in New York City which serves in this capacity.

What are Selfhelp’s goals as a community guardian?

Selfhelp's goals are to keep clients comfortable, safe within the community, and maximally independent. Though each court order may differ in its instructions, guardians usually have the right to collect a client's income and pay their bills. Client safety, independence, quality of life, and available funds are important considerations in the development of a suitable plan.

How do guardians work with families?

Our Community Guardian Program provides social, administrative, fiscal, and legal services. Families can help by providing documents and other important papers belonging to the client. Information about a client's life style, interests, religious affiliation, history, family, and ethnic background allows us to make decisions which most closely reflect the decision the client would want. Should a client require permanent placement in a nursing home facility, the family may be asked to help provide appropriate disposition for household and personal belongings.

When is Selfhelp available to meet with families?

We are available to meet with family members during regular business hours, 9 am to 5 pm Monday through Friday. Although we cannot schedule appointments at other times, in case of an emergency, an on-call worker is available by contacting 212-971-7776.

What are the limitations of community guardianship?

Community guardians are limited by the orders given by New York State's Supreme Court. Usually, a guardian cannot give permission for invasive medical procedures, but can give permission for routine, non-invasive medical procedures. In cases where the guardian does not have the power to make medical decisions, we may refer hospital personnel to relatives or to the hospital's ethics committee for assistance in making a decision. Though guardians would like to provide a better life style for clients, we are limited by their resources.

When does guardianship end?

Guardianship can only end through court discharge. A Community Guardian will seek discharge after the death of a client or after a client is permanently placed in a residential facility, such as a nursing home. After the death of a client, a guardian no longer has authority to act on his or her behalf.