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Frequently Asked Questions

For Individuals & Families

 

 

How do I know which service I need?

Many people contact me unsure whether they need guardianship, care management, or Medical Power of Attorney. That is very common. The appropriate service depends on factors such as decision-making capacity, safety concerns, family involvement, and whether court involvement is required. I’m happy to talk through your situation and help determine what level of support is appropriate.

 

Do you offer free consultations?

Yes. I offer an initial consultation to discuss your situation, answer questions, and determine whether my services are a good fit.

 

Do you work with families who live out of state?

Yes. Many families I work with live outside Colorado or are unable to be physically present. I provide local oversight, coordination, and communication so families can remain informed and confident that their loved one’s needs are being addressed.

 

Guardianship

 

What is guardianship?

 Guardianship is a legal relationship established by the court in which a guardian is appointed to make certain decisions on behalf of an individual who has been determined unable to make those decisions independently. Guardianship is used only when less restrictive alternatives are insufficient.

 

Does guardianship mean the person loses all of their rights?

No. Guardianship is intended to be tailored to the individual’s needs and should always be as limited as possible. I include individuals in decision-making to the fullest extent appropriate and honor their preferences, values, and goals.

 

How is guardianship different from Power of Attorney?

Guardianship is court-ordered and used when a person lacks capacity to grant authority themselves. Power of Attorney is a voluntary legal document signed by someone who is cognitively capable of appointing a trusted decision-maker. Guardianship is typically considered a last resort.

 

Are guardianship fees approved by the court?

Yes. All guardianship fees are subject to court approval and oversight.

 

 

Care Management

 

What is care management?

Care management involves coordinating and overseeing care for individuals who need support but do not require guardianship. This may include medical coordination, in-home services, benefit assistance, residential placement support, and ongoing oversight.

 

 

Is care management only for seniors?

No. I work with adults of all ages who need assistance due to disability, illness, injury, or complex medical or mental health needs.

 

Can care management be short-term?

Yes. Some people need temporary support during transitions such as hospital discharge, rehabilitation, or relocation, while others benefit from longer-term involvement.

 

 

Medical Power of Attorney (MPOA)

 

What is a Medical Power of Attorney?

A Medical Power of Attorney allows an individual who is cognitively capable to appoint someone to make medical decisions on their behalf if they become unable to do so in the future. It is a proactive, voluntary planning tool.

 

 

Does Medical Power of Attorney mean I lose control over my medical decisions?

No. As long as you are able to make your own decisions, you remain in control. MPOA authority only takes effect if you are unable to make medical decisions independently.

 

Is Medical Power of Attorney permanent?

No. A Medical Power of Attorney can be changed or revoked at any time as long as you have decision-making capacity.

 

How is your Medical Power of Attorney service different?

My approach focuses on understanding your values, preferences, and goals before decisions ever need to be made. I assist with advance directives, ensure wishes are clearly documented, and advocate for medical decisions that align with the individual’s expressed values—not what is most convenient for the system.

 

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Can you serve as Medical Power of Attorney if I don’t have family nearby?

Yes. Some individuals choose a professional Medical Power of Attorney when family members are unavailable, overwhelmed, or uncomfortable making medical decisions.

 

Will you take over everything if you are involved?

No. My role is to provide support, coordination, and advocacy—not to remove people unnecessarily from their own lives or decision-making. Services are tailored to what is appropriate and needed.

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For Hospitals, Attorneys & Professional Referral Sources

 

What services does Hurst Guardianship & Senior Services provide?

Hurst Guardianship & Senior Services provides professional guardianship, care management, and Medical Power of Attorney services for adults navigating complex medical, mental health, and care systems. Services are provided in accordance with Colorado law and ethical best practices.

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Do you accept high-acuity or complex cases?

Yes. I routinely work with high-acuity medical, psychiatric, and social situations, including hospitalization, discharge planning challenges, and cases involving significant risk factors.

 

 

Guardianship 

Are you a court-appointed guardian?

Yes. In guardianship cases, I serve only pursuant to court appointment and act strictly within the scope of authority granted by the court.

 

 

How do you approach decision-making?

I follow a person-centered, least-restrictive approach consistent with National Guardianship Association principles. Individuals are included in decision-making to the fullest extent possible, with priority given to expressed preferences, values, and dignity.

 

 

Do you consent to restrictive placements or locked settings?

I act within the scope of my legal authority. When a situation involves potential deprivation of liberty or restrictive placement, I require appropriate statutory or court-ordered authorization. I do not substitute guardian consent for processes that require legal due process.

 

 

How do you collaborate with care teams?

I prioritize clear, timely communication with providers, facilities, case managers, and attorneys, while maintaining appropriate professional boundaries and due-process protections.

 

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Care Management 

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How does care management differ from guardianship?

Care management does not involve court appointment or legal decision-making authority. It focuses on assessment, coordination, oversight, and support for individuals who retain decision-making capacity or have appointed decision-makers.

 

 

Can care management be provided alongside guardianship or MPOA?

Yes. Care management may be provided independently or in conjunction with guardianship or Medical Power of Attorney, depending on the individual’s needs and legal status.

 

 

 

 

Medical Power of Attorney 

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Under what circumstances do you serve as Medical Power of Attorney?

I serve as Medical Power of Attorney only when an individual is cognitively capable of voluntarily appointing me and has executed valid advance directive documents in accordance with Colorado law.

 

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When does MPOA authority take effect?

MPOA authority becomes active only when the individual is unable to make medical decisions independently, as outlined in governing documents and applicable law.

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Do you provide care coordination as MPOA?

When appropriate, I may assist with coordination related to medical care, appointments, and communication with providers to ensure continuity and alignment with the individual’s expressed wishes. MPOA services are not used to override clinical judgment or statutory processes.

 

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Do you accept professional referrals?

Yes. I regularly accept referrals from hospitals, attorneys, social workers, case managers, and community agencies, subject to availability and appropriateness of fit.

 

How do I get started or make a referrals?

Individuals, families, and professionals are welcome to contact me by phone or email to discuss a situation, referral, or consultation.

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