The Legal Rights of Seniors: What Every Volunteer Advocate Should Know

Why Legal Knowledge Matters for Volunteer Advocates

As a VASIA volunteer advocate, you are more than a visitor, you are often the only consistent presence in the life of a vulnerable adult. Whether you’re standing in for family, protecting from exploitation, or ensuring dignity in healthcare, understanding the legal rights of seniors is essential.

Indiana’s adult guardianship system, rooted in Indiana Code § 29-3, empowers appointed guardians, often VASIA volunteers, to make crucial decisions when an individual is no longer able to advocate for themselves. As a volunteer, you become that voice.

What is Guardianship?

Guardianship is a legal relationship granted by the court to an individual (guardian) to oversee the care, decisions, and wellbeing of an incapacitated adult (protected person or “ward”). Most wards have lost decision-making ability due to age, illness, or disability.

Under this system, VASIA volunteers:

• Prevent elder abuse and exploitation
• Act as legal surrogates for medical and financial decisions
• Maintain consistent reporting to the court
• Provide companionship and social connection to those neglected or isolated

Core Legal Rights Retained by Seniors in Guardianship

Even under guardianship, seniors in Indiana retain important rights—unless specifically removed by court order. These rights include the ability to:

• Vote
• Challenge or request modification of their guardianship
• Request a new guardian
• Maintain visitation with friends and family

Volunteer advocates must understand that these rights are not automatically removed. Advocating for a senior’s autonomy, whenever possible, is a critical part of your role.

What Decisions Can Advocates Legally Make?

Unless limited by the court, VASIA guardians may make decisions about:

• Medical treatment and consent (especially when immediate care is needed)
• Financial management, including bills and benefits
• Living arrangements
• Legal representation
• Health insurance coordination

These decisions carry real-life consequences, which is why VASIA ensures every volunteer undergoes regular training in guardianship law, ethics, and HIPAA compliance.

HIPAA & Confidentiality: Protecting Privacy

As a volunteer, you will handle sensitive health and financial information. This means you must follow HIPAA guidelines at all times.

Confidentiality is not just an ethical expectation, it is a legal mandate. Training modules prepare you to:

• Safely store or transmit information
• Understand what can be shared, and with whom
• Advocate for healthcare access while protecting your client’s dignity

How VASIA Volunteers Help Prevent Abuse

District 17 VASIA volunteers play a vital role in identifying and preventing:

• Financial exploitation (unauthorized withdrawals, misused benefits)
• Neglect in long-term care settings
• Medical neglect (refused care, unaddressed pain)

Volunteers routinely observe living conditions, track appointments, and maintain contact with medical providers—all while ensuring their client’s voice is heard in legal processes.

The Power of Reporting and the Voice in Court

Each advocate’s observations are reported directly into the court management system, and those reports are read by judges.

This unique structure means that volunteer input can:

• Influence legal outcomes
• Trigger an investigation
• Prompt changes in guardianship or care facilities

Your presence matters. Your words carry legal weight.

Ongoing Training and Support

VASIA ensures you’re never alone in navigating these responsibilities. Volunteers receive:

• Monthly training on guardianship law, elder care, ethics, and abuse prevention
• Guidance on collaborating with Adult Protective Services (APS)
• Updates on relevant court decisions and policy changes

In complex cases, you’re supported by trained staff, legal professionals, and experienced guardians.

Learn more or apply: indianavasia.org/volunteer

Alternatives to Guardianship: Empowering Independence

Not every situation requires full guardianship. VASIA also helps explore least-restrictive options, such as:

• Power of Attorney (POA)
• Supported Decision-Making Agreements
• Health Care Representatives
• Advance directives

Advocates are trained to identify when these alternatives may better support self-reliance and personal dignity.

You Are Their Advocate, Their Security, Their Family

Many seniors served by VASIA no longer have families able—or willing—to support them. Others are at risk of being overlooked, institutionalized, or mistreated.

As a VASIA volunteer, you fill that gap. You offer:

• A voice in the court system
• Daily protection against neglect
• The companionship of a caring servant
• A chance for someone to be seen, heard, and valued

If you’ve ever wondered how to use your skills in nursing, law, or education to serve others in your community—this is your opportunity.

Join the Movement: Volunteer with VASIA

Become a volunteer advocate and change a life.

Visit indianavasia.org/volunteer or contact District 17 VASIA today to learn more about how your compassion can bring security, support, and dignity to someone in need.