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
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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
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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
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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