Guardianship, Powers of Attorney, & Financial Managers « Estate Planning
Articles, Publications, Resources & Services
re: Guardianship, Powers of Attorney & Financial Managers
Patti's Publications on Guardianship and Powers of Attorney
- Advising Clients and Drafting Advanced Health Care Directives
I. Effective Planning Techniques for Incapacity
II. When it is Too Late – Protecting the Individual After Incapacity Strikes
Appendix 1: Health Care Values History Form
Appendix 2: Sample draft of a Patient Advocate Designation for Medical and Mental Health Treatment
Appendix 3: Sample draft of a Patient Advocate Designation for Mental Health Treatment
Appendix 4: Sample Petition for an Order to Seal Records
Appendix 5: Request for Driver Evaluation from the Michigan Department of State
Appendix 6: OBRA-93 Trust Options for Persons with Disabilities
Appendix 7: Permissible Distributions
Articles & Publications
- Adult Guardianship Jurisdiction (Alzheimer's Assn.)
Adult guardianship is the process through which a court appoints and oversees an individual to serve as the legal decision maker – a guardian – for another adult, who due to incapacity or other disability, is unable to make decisions for him/herself.
- Alternatives to Full Guardianship for Adults (Michigan Long Term Care Ombudsman Program)
There are a number of ways through which a person gains the legal right to make decisions for another individual.
- Guardianships: Cases of Financial Exploitation, Neglect, and Abuse of Seniors (U.S. Government Accountability Office – 9/30/10)
As individuals age, some become incapable of managing their personal and financial affairs. To protect these individuals, state laws provide for court appointment of guardians, who may be professionals or family members, to protect the incapacitated person's personal and/or financial welfare. Previous GAO reports have found that poor communication between state courts and federal agencies may allow guardians to continue abusing their victims.
- Handbook for Conservators of Adults (Michigan Long Term Care Ombudsman Program)
Being a conservator is not a simple role, but one demanding responsibility, patience, ability to work with finances and sensitivity. There are a number duties you owe to the person you have agreed to assist. There are also duties you owe to the court.
- Handbook for Guardians of Adults (Michigan Long Term Care Ombudsman Program)
You have been appointed by the court as guardian for another individual. Whether you are a relative or a volunteer, this is an important job. There is potential for invaluable contribution to the welfare of the individual and personal satisfaction for you.
- How to help when it’s not your money (The Washington Post)
If you are managing someone else’s money or property, don’t wing it. Get guidance.
- Is a Guardian Personally Liable for Nursing Home Costs of Ward?
Generally, a guardian or conservator who signs a nursing home agreement should not be personally liable for the nursing home costs. However, the result could be different, so get more facts here.
- Is a Guardian the Alter Ego of the Ward? (Lawrence A. Frolik)
Just what is the relation of a guardian to the ward?
- Know How to Deal With Your Bank on a Power of Attorney (Market Watch – Jan. 7, 2008)
Be sure to understand the rights that you and your bank have when it comes to durable powers of attorney — before it's too late. A durable power of attorney is a legal document that designates someone to manage your finances if you become incapacitated.
- State Adult Guardianship Legislation: Directions for Reform (2007)
In 2007, at least 13 states passed a total of 16 adult guardianship bills – as compared with 16 bills in eight states passed in 2006. Connecticut passed a major revision targeting procedures for appointment, limited orders and procedures for appealing probate court decisions. Washington, Arkansas and Nevada passed legislation creating or strengthening an office of public guardianship.
- Power of Attorney Abuse: What States Can Do About It (AARP – Nov. 2008)
A power of attorney is a legal document used by individuals to allow someone else to act on their behalf, commonly recommended by elder law and estate planning attorneys as a tool for planning for incapacity.
- Think Your Family Member Needs a Guardian? Proceed With Caution (Fleming & Curti – 2/27/12)
It is important to make sure that you have some actual evidence of incapacity and an emergency situation before filing a petition to secure an emergency appointment as guardian for a family member or loved one. Pretty much the same can be said for a petition for appointment of a conservator, or for appointment of a successor trustee.
- What is a Guardian Supposed to Do, Anyway? (8/1/16)
Erica Wood, JD, Assistant Director, American Bar Association Commission on Law and Aging, highlights the many difficult roles expected of guardians as well as the National Guardianship Association’s Standards of Practice, available to assist guardians in promoting safety and self-determination. Erica also provides concrete examples of how these standards can be used in various situations.
Organizations and Services
- Guardianship Jurisdiction (ABA Commission on Law and Aging)
An updated page of resources related to the campaign for uniform guardianship jurisdiction.
- National Association to Stop Guardianship Abuse
A public benefit civil rights organization formed by victims and for victims of unlawful and abusive guardianships and conservatorships.