Understanding Guardianship in Long-Term Care

Long‑term care residents and their families are often caught off guard when a facility suggests a loved one “needs a guardian.” Guardianship is a court‑ordered process that changes a person’s ability to control their own daily life. In this episode, we are joined in by Elder Law Attorney, Alison Hirschel, to explore why guardianship should never be treated as routine, what it truly means when a guardian is appointed, and how the process can impact every part of a resident's daily life. We discuss who can serve as a guardian, why less restrictive options matter, and how misused guardianship can become a tool for control and can silence a resident who is trying to assert their rights. We also share practical alternatives that help preserve residents’ rights and offer guidance on what to do if a facility is pressuring your family to pursue guardianship. Whether you are a resident, a family member, or an advocate, this conversation will give you the knowledge to ask questions, explore alternatives, and protect autonomy to the greatest extent possible. Guest: Alison Hirschel, Program Director and Managing Attorney of the Michigan Elder Justice Initiative