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by Joan Sacramento, MSW, by Joan Sacramento, MSW,

by Joan Sacramento, MSW, - PowerPoint Presentation

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Uploaded On 2015-10-22

by Joan Sacramento, MSW, - PPT Presentation

JD LF Pinal County Public Fiduciary POWER OF ATTORNEY vs GUARDIAN AND CONSERVATOR A document which gives a person Agent the right to make decisions on behalf of another PrincipAL POWER OF ATTORNEY ID: 168687

financial court attorney conservator court financial conservator attorney guardian power agent civil bad guardianship rights good health decisions petition

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Slide1

byJoan Sacramento, MSW, JD, LFPinal County Public Fiduciary

POWER OF ATTORNEY

vs.

GUARDIAN AND CONSERVATORSlide2

A document which gives a person (Agent) the right to make decisions on behalf of another (PrincipAL)

POWER OF ATTORNEYSlide3

4 TYPES OF POWERS OF ATTORNEYSPECIFIC

HEALTH CARE

MENTAL HEALTH

DURABLE/FINANCIALSlide4

SPECIFIC

LIMITED

IN SCOPE

LIMITED IN TIME

SPECIFIC TO AN ACTION OR DECISIONSlide5

HEALTH CARE

ALLOWS

OTHERS TO MAKE MEDICAL AND SOMETIMES PLACEMENT

DECISIONS

ALLOWS ADMISSION OF A PERSON INTO THE HOSPITAL

GIVES THE POA THE ABILITY TO RECEIVE INFORMATION REGARDING THE MEDICAL CARE AND

TREATMENTSlide6

MENTAL HEALTH

ALLOWS AGENT TO ADMIT

PRINCIPAL

TO A LOCKED BEHAVIORAL HEALTH UNIT IN A HOSPITAL

AGENT

IS ALLOWED TO VIEW ALL MENTAL HEALTH

RECORDS

CONSENT

TO DISCLOSURE OF RECORDS TO 3

RD

PARTIES

AGENT

GIVES INFORMED CONSENT FOR TREATMENTSlide7

FINANCIAL / DURABLE

GIVES

POWER TO HANDLE ALL FINANCIAL AFFAIRS

ALLOWS THE AGENT TO CLOSE AND OPEN BANK ACCOUNTS, TRANSFER FUNDS, AND SELL

PROPERTY

DOES

NOT REQUIRE BONDING OR

REPORTING TO PRINCIPALSlide8

GOOD

BAD

EASY TO ACCOMPLISH

ALLOWS DECISIONS TO BE MADE QUICKLY

RECOGNIZED BY MANY INSTITUTIONS

EASILY CHANGED IF NEEDED

INEXPENSIVE

LITTLE LEGAL PROTECTION FOR UNSCRUPULOUS ACTS

NO OVERSIGHT

NO ASSURANCE AGENT UNDERSTANDS THE DECISIONS TO BE MADE

NO NOTICE REQUIRED TO NEXT OF KIN

POWER OF ATTORNEY

GOOD AND BADSlide9

LEGAL PROCESS TO PROTECT VULNERABLE ADULTSGUARDIANSHIP CONSERVATORSHIPSlide10

COURT ACTION

PETITION IS FILED ALLEGING INCAPACITY

1. UNABLE TO HANDLE PERSONAL AFFAIRS-

GUARDIANSHIP

2. UNABLE TO HANDLE FINANCIAL AFFAIRS-

CONSERVATORSHIP

PETITION CAN REQUEST EITHER ONE OR BOTH

Slide11

PROTECTION FOR ADULT PHYSICIAN STATEMENT AS TO INABILITY

COURT VISITOR TO GIVE IMPARTIAL REPORT TO COURT

COURT APPOINTED ATTORNEY TO REPRESENT POTENTIAL WARDSlide12

COURT PROCESS

ALLEGED PROTECTED PERSON HAS RIGHT TO CHALLENGE PETITION

HAS THE RIGHT TO NAME GUARDIAN AND/OR CONSERVATOR

LEAST RESTRICTIVE ALTERNATIVE TO PROTECTION

IF KNOWN, NEXT OF KIN IS TO BE NOTIFIED OF PETITION

COURT MUST FIND BY CLEAR AND CONVINCING EVIDENCE THAT THE PERSON IS IN NEED OF PROTECTION

COURT MUST REVIEW THE CASE ANNUALLY Slide13

GUARDIANSHIP

GUARDIAN MAKES PERSONAL DECISIONS:

1. RESIDENTIAL PLACEMENT

2. MEDICAL

3. EDUCATION

4. FINANCIAL TRANSACTIONS UNDER $10,000.00

5. WARD’S CIVIL RIGHTS ARE TAKEN AWAY

Slide14

GUARDIANSHIP RESPONSIBILITIES

YEARLY REPORT TO THE COURT INCLUDES:

1. CURRENT RESIDENCE

2. PHYSICIAN’S NAME WITH DATE OF LAST VISIT WHICH DESCRIBES THE CURRENT MEDICAL ISSUES

3. DATE GUARDIAN LAST SAW WARD

4. WHETHER GUARDIANSHIP IS STILL NEEDEDSlide15

GOOD

BAD

REPRESENTATION BY ATTORNEY

EVIDENCE PRESENTED AS TO NEED

GIVES NOTICE TO RELATIVES

ANNUAL REVIEW OF SERVICES

CAN BE LIMITED

LEAST RESTRICTIVE

SLOWER PROCESS

TAKES AWAY CIVIL RIGHTS

NOT AS RECOGNIZABLE TO INSTITUTIONS

CAN BE EXPENSIVE

CONFLICT BETWEEN WANTS AND BEST INTERESTS

GUARDIANSHIP

GOOD AND BADSlide16

CONSERVATORSHIP

CONSERVATOR FINANCIAL DECISIONS:

1. BUDGET

2. FINANCIAL INVESTING

3. APPRAISAL AND SALE OF REAL & PERSONAL PROPERTY

4

. SUSTAINABILITY OF ESTATE PLAN

5

. DOES NOT TAKE AWAY CIVIL RIGHTSSlide17

CONSERVATOR RESPONSIBILITIESCONSERVATOR MUST FILE AN ANNUAL ACCOUNTING REFLECTING:

1. BUDGET COMPARISON FROM PREVIOUS YEAR

2. DISPOSITION OF PROPERTY

3. GAIN OR LOSS OF ASSETS

4. COST OF CARE

5. FINANCIAL STATEMENTS SHOWING

TRANSACTIONS

6. REVIEW OF SUSTAINABILITY OF ESTATESlide18

GOODBAD

COURT OVERSEES FINANCIAL TRANSACTIONS

BOND REQUIREMENT

ESTATE SPENDING IS ANALYZED FOR SUSTAINABILITY

BILLS ARE PAID

PERSON’S CIVIL RIGHTS MAY BE LEFT IN TACT

EXPENSIVE

PROCESS SLOW FOR COURT APPROVAL

NO VISIT REQUIREMENT TO WARD

REQUIRED COURT ACCOUNTING FORMS MAY BE CONFUSING

FINANCIAL INSTITUTIONS ARE NOT FAMILIAR WITH IT

CONSERVATOR

GOOD AND BADSlide19

GUARDIAN

AND CONSERVATOR

SIMILARITIES

COURT

PROCESS

RIGHT TO AN ATTORNEY

CAN

BE REQUESTED IN ONE

PETITION

ACCOUNTABLE TO COURT FOR ACTIONS

HIGHER AUTHORITY TO POWER OF ATTORNEY

ANNUAL REPORTING TO COURT

NOT UNDERSTOOD BY MANY COMMUNITY MEDICAL AND FINANCIAL INSTITUTIONS

MAY MAKE FUNERAL ARRANGEMENTSSlide20

CONSERVATOR

MAKES PERSONAL DECISIONS

REVIEWS CARE & SERVICES WARD RECEIVES

VISITS WARD QUARTERLY

ADULT CIVIL RIGHTS ARE TAKEN AWAY

MAKES FINANCIAL DECISIONS

ACCOUNTS FOR ALL ASSETS AND DEBITS

PAYS BILLS

MONITORS SPENDING

DEVELOPS SUSTAINABILITY PLAN

ADULT RIGHTS ARE NOT NECESSARILY TAKEN AWAY

DIFFERENCES

GUARDIANSlide21

POWER OF ATTORNEYGUARDIAN/CONSERVATOR

NO COURT OVERSIGHT

AGREEMENT BETWEEN AGENT AND PRINCIPAL

NO ADJUDICATION OF INCAPACITY

CAN BE USED SHORT TERM FOR SPECIFIC ACTIONS

CIVIL RIGHTS REMAIN IN PLACE

PRINCIPAL CAN REVOKE IT

ATTORNEYS MAY OR MAY NOT BE USED

LESS EXPENSIVE

COURT PROCESS

INCAPACITY

ATTORNEY IS APPOINTED

CAN BE LIMITED

COURT REVIEWS CASE ANNUALLY

COURT TERMINATES APPOINTMENT

PERSON MAY LOSE CIVIL RIGHTS

HIGHER AUTHORITY TO ACT

MORE EXPENSIVE

GUARDIAN/CONSERVATOR COMPARED TO POWER OF ATTORNEYSlide22

THE END