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Robert Telles
Seeking Assistance for a Ward
Vicki Wentz
The Post-Christmas Letter
Vicki’s Voice
You may have a friend who has had
a guardianship ordered over him or
her. This person may have complained
about the fact that he or she did not
have the opportunity to ask why the
guardianship was ordered.
In my own practice, I have come
across circumstances where people
over whom a guardianship was awarded
never actually received the opportunity
to object to the guardianship.
This can result from a doctor’s erroneous
opinion that the person could not
speak his or her own opinion in court.
This may result from the doctor’s
belief that the person would not have
the physical ability to attend court,
would be unable to voice his or her
opinion, or for some other reason.
However, the guardianship court is
concerned with ensuring that any person
over whom a guardianship has
been ordered have the ability to speak
to the court.
Really, only those who should be excused
from attending court hearings
would be a person who is unable to
safely leave a hospitable bed or is truly
a danger to him or herself or others.
Those who have had a guardianship
ordered over them are known as wards
or protected persons. These folks are
those who have shown to be a danger
to him or herself or to others.
This may include an inability to
manage one’s own financial affairs or
the inability to adequately maintain his
or her own health without the assistance
of others. This often includes
those who have unfortunately been
diagnosed with a disorder that erodes
the memory, such as Alzheimer’s or
dementia.
Other circumstances may involve
something more physically severe,
such as an illness that confines that
person to a hospital bed. The former
circumstances, Alzheimer’s and dementia,
may not necessarily call for an
immediate confinement to involuntary
commitment in a memory care unit.
A memory care unit is a place where
people are placed and are monitored
on a 24-hour basis. As previously
mentioned, this may not be the first
option.
Often times, the protected person
has the money and the health necessary
to continue living at home. Unfortunately,
even loved ones can jump
the gun and determine that the first
option should be commitment to a
memory care unit.
What can be done? If you know
someone who has not had the opportunity
to address the court in his or her
guardianship, that person can contact
an attorney who can petition the court
to allow the protected person to speak
to the court. This can often result in a
re-evaluation of the case and whether
that person meets the necessary criteria
to return home or a less confining
arrangement.
Unfortunately, even well-meaning
family can jump the gun and move
straight to a restrictive living arrangement
for that person even when that
person might be able to live in his or
her own home with the assistance of
some paid help.
If you believe you know someone
living in restrictive living arrangement
unnecessarily, be sure to have that person
contact a qualified guardianship
attorney.
Rob Telles is the founder of Accolade Law, a law firm that serves clients in
guardianship, estate planning and probate. His office can be reached at (702) 337-
3000
Dear Santa:
Thank you so much for all of the
wonderful things I received for Christmas
in 2016. Having said that, even though
it’s been a month (or two), I thought you
should know:
When I asked for clothes, I kind of
meant something…well…nice? I do
love the Christmas sweater that my little
girl gave me because she asked to go
shopping with her Dad and picked it out
by herself.
The fact that it’s a Petite Small and I
could only wear it as a hat isn’t important;
she obviously sees her mother as a Petite
Small, and I have no argument with that!
And, I will wear that sweater one day - or
there’s no God in heaven.
My husband gave me a lovely dress…
(he was just standing over my shoulder
reading this, but he’s gone now) …which
would be perfect for his MOTHER!
Honestly, it looks like one of my
grandmother’s old “brunch coats”, you
know? Like a glorified robe with short
sleeves, and it’s about 3 sizes too big for
me.
Is that how HE sees me? A fat old grayhaired
un-sexy robe-wearing walker-using
grandmother? I mean, I pay attention
to his sizes, don’t I? And to his personal
style - somewhere between big hunk
woodsman, affluent Wall Street banker,
and hot sexy rock star?
And, that is NOT easy, Santa! But, when
it comes to my own style preferences, it’s
not: “Well, maybe she’d like a dress like
Mom’s!”
And, Santa, speaking of grandmothers,
can you even believe what his mother gave
me? “How to Be the Perfect Homemaker
in 10 Easy Steps?” Seriously? She gives her
son a new grill and a flat-screen TV for his
office.
Our children get the latest electronics
and toys. Me? I get a book on how to be
better at cleaning, cooking, decorating, and
sewing everything by hand!
(The last thing I sewed myself was
a dress in a Singer Sewing class in 7th
grade, and all I remember is the sound of
the teacher screeching repeatedly, from
all points in the room, “Victoria, you’re
holding the scissors backwards AGAIN!”
Never mind that it took me several
minutes to figure out what she meant…I
mean, I knew you weren’t supposed to
hold them by the blades…right?)
I should have figured that my adorable,
morose, reclusive middle-schooler - who
would rather be dropped naked into Mt.
Vesuvius than be seen as attached to an
actual family - would give me something
that reflects his own style, but Santa,
purple nail polish and lipstick? Really? Has
he EVER seen me in purple lipstick?
Has he ever seen any color on my nails
except Pale Pinky Pearl? Does he even
look at me? I doubt he could even pick
me out of a lineup.
And, then there’s my stupid sister,
Kathy, who’s been married all of twenty
minutes, giving me “The Marriage Go-
Round” - a book on how marriage is like
a carnival ride…please. The fact that she’s
been “riding high on love” for a whole sixand-a-half
months, I mean, doesn’t that
take some huge brass, Santa?
You know, at six months, your spouse
can leave toothpaste all over the sink,
throw his dirty clothes on the floor
BESIDE the hamper every night, and
sip his coffee like a dog slurping from the
water bowl, and you will think he is the
most delightful, enchanting sex-god in the
universe.
But, after 13 years, some of that
“enchantment” will wear off, Sis. At
some point, I promise you, he will lose
that “new car smell”, if you know what I
mean.
Suddenly, his impromptu stabs at
cleaning the kitchen won’t be funny, you
will be seriously ticked off that he did the
laundry and now all your clothes are babypuke
green, he will stop telling you that
you look fantastic and start demanding
that you be simply on time…or, he’ll
buy you a dress that reminds him of his
mother.
Hoping for just a little better Christmas
this year, Santa, please…
Love, Vicki
Vicki Wentz is a writer, teacher and speaker living in North Carolina. Readers may
contact her - and order her new children’s book! - by visiting her website at
www.vickiwentz.com.
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