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

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.

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.

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.

Power of Attorney No Good at Bank (BizConnect - 8/8/08)
Question: Why should...durable power of attorney not be honored by the bank?