Individuals may sometimes suffer from cognitive and memory impairments that can affect their ability to make decisions. When an individual is no longer able to make financial, medical, or similar decisions, the court may assign a guardian to protect that person’s interests. Older adults and elders are routinely appointed a guardian due to dementia, chronic illness or the death of a current guardian. A professional guardian is often called in when there is no family member available or the family is not able or willing to step into that role. A neutral third party is required if significant conflict exists between family members.

What is a Guardian?

A guardian is a person or entity who has been appointed by a judge to manage the personal affairs of a minor child or incapacitated adult. The individual or entity who takes on the role of elder guardianship has greater authority than a POA.

What are the Responsibilities of a Guardian?

In New Mexico, the guardian may be responsible for decisions including but not limited to:

• Making decisions related to medical care and other health care issues, such as level of care and placement
• Arranging for appropriate care and monitoring care
• Maintaining current knowledge and understanding of a protected individual’s needs, medications, and treatment plans through regular visits with that individual and his or her care providers
• Acting as an advocate for the protected individual
• Carrying out other responsibilities as assigned by the courts

How is Guardianship Determined?

The court tends to be conservative regarding issues of elder guardianship and may appoint temporary guardianships or limited or unlimited guardianships, depending on the person’s situation. Elder guardianship is an alternative of last resort, generally chosen only when all other options have been ruled out or exhausted.

How can Decades, LLC help?

Decades, LLC has often acted in the role of a court-appointed guardian or conservator to manage the personal or financial affairs of individuals who are determined to be no longer capable of making decisions for themselves. As professional guardians, our philosophy is to operate in the least restrictive manner possible in order to preserve our clients’ autonomy, minimize and manage conflicts for families and clients, and protect our clients’ interests.

Nancy Oriola, our founder and CEO, is one of just four master guardians in the state of New Mexico.

Requesting help for a loved one suffering from dementia or cognitive decline can be an emotionally difficult and stressful move, and we understand and respect that many people come to us in times of great need. We take our responsibility to our clients and their families seriously and approach their concerns with sensitivity and care.

To learn more about how we can act in the role of guardian, contact Decades, LLC in Albuquerque, NM at 505-345-5529 or Santa Fe at 505-983-7787.