Speaker(s):

James Reynolds, MD

Ron Smith, Ph.D., J.D.

Presentation:

The appointment of a substitute decision-maker is a legal matter decided by a Judge or Jury, but initiated by a health care provider. Depriving a person of their autonomy is an awesome responsibility, matched only by the equally awesome responsibility placed upon a caregiver to act in the best interests of a consumer who is not competent to manage their own affairs. Knowing when that time has come can be trying for the consumer and caregiver. Dr. Reynolds has evaluated many consumers for Guardianship and testified in court hearings and jury trials on the issue. Mr. Smith is an experienced attorney with the Office of the Missouri Attorney-General who has tried numerous cases of Guardianship on behalf of the State.       

Dr. Reynolds will speak on the decision-making process in determining the need for a Guardian, and some practical and ethical considerations inherent in this important decision. He will cover recent changes in Guardianship law concerning specific questions required by the law, including the rights to marry, vote, and drive a car. Mr. Smith will speak to the process of testifying in court on these matters, the information your attorney will need to demonstrate to the Court through testimony, and what to expect from cross-examination. Caregivers who are anxious about appearing in court will particularly find his advice helpful.

Objectives:

  1. Define factors to consider when proposing Guardianship
  2. Review recent changes in Guardianship law and questions to address in detail.
  3. Identify the importance of a good working relationship with the attorney and the issues that will arise in court

Slides and Handouts:

REYNOLDS AND SMITH_When Your Consumer Needs A Guardian-final