Guardianship or Power of Attorney PowerPoint Presentation

Guardianship or Power of Attorney PowerPoint Presentation

2018-02-28 53K 53 0 0

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Which do you need?. Linda Funke Johnson. Senter. , Stephenson, Johnson PA. 114 Raleigh Street. Fuquay Varina, North Carolina 27526. ljohnson@ssjlaw.net. Power of Attorney . Two Types:. 1. DURABLE GENERAL POWER OF ATTORNEY. ID: 639881

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Presentations text content in Guardianship or Power of Attorney

Slide1

Guardianship or Power of Attorney

Which do you need?

Slide2

Linda Funke Johnson

Senter

, Stephenson, Johnson PA

114 Raleigh Street

Fuquay Varina, North Carolina 27526ljohnson@ssjlaw.net

Slide3

Power of Attorney

Two Types:

1. DURABLE GENERAL POWER OF ATTORNEY

2. HEALTHCARE POWER OF ATTORNEY

Slide4

NCGS 32A: Powers of Attorney

Effective January 1, 2018, NEW NCGS 32C: Uniform Power of Attorney Act

Slide5

Capacity to Execute

“Capacity to Contract”

Not the more stringent standard of “testamentary capacity” needed to execute a will or trust

Slide6

Definitions: Power of Attorney (POA)

Principal

Attorney in fact (AIF)/Agent

Durable

Slide7

Who do you select to be AIF?

TrustOrganized

Great decision maker

Family member or not

Ability to provide an accounting of receipts and disbursements

Slide8

Specific Powers given to AIF/Agent

1. Collection of Property

2. Sale or Disposition of Property

3. Acquisition and Retention of Investment

4. Management of Property5. Business interest

6. Borrowing Money

7. Lending Money

8. Exercise of Security Rights

Slide9

Continued

9. Dealings With Revocable Trusts10. Gifts

11. Renunciations

12. Insurance

13. Retirement Plans14. Custodial Trusts

15. Possession and Control of Digital Assets

16. Power to Create, Amend or Transfer Assets to Trust

Slide10

Powers Relating to Personal Affairs

1. Support2. Healthcare

3. Federal and State Benefits

4. Other Personal Affairs

Slide11

Miscellaneous Powers

1. Tax Matters2. Banking Transactions

3. Safe Deposit Box

4. Legal or Other Actions

Slide12

Removal and Resignation of Agent

1. Principal retains the right to remove the Agent

2. Record official revocation and mail to Agent’s address

3. Agent can resign in writing. Record writing on land record

And give notice to the Principal.

Slide13

NCGS 32A-15, Article 3

Health Care Power of Attorney

Definitions:

1. Health Care Agent

2. Attending Physician

Slide14

Power and Authority

1. Access to all health records. Consent to disclosure of information.

2. Employ or discharge health care providers

3. Admission and discharge from hospital, nursing home, etc.

4. Treatment of mental illness5. Authorize screening and treatment

Slide15

Disposition of Body

1. Authorize Autopsy2. Organ and tissue donation

3. Anatomical Study

4. Direct disposition of remains

Slide16

Special Limitations

1. Limit decision make of the health care agent with written provisions.

2. Specific limitations on mental health care treatment.

3. Limitations on what to do with body post death

Slide17

Guardianship provision

Court looks to the HCPOA nomination to name the general guardian or guardian of the person & guardian of the estate

Slide18

Additional documents

Advanced Directive for End of Life Decisions

Terminal Ill

Coma

Advanced Dimentia affecting ability to breath and swallow

Authorization for Use and Disclosure of Protected Health Information

Slide19

Guardianship

NCGS 35A-Incompetency and Guardianship

NCGS 35B – Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (

Slide20

Definitions

Clerk: clerk of superiorIncompetent Adult: individual who lacks sufficient capacity to make or communicate important decisions

Ward: a person who has been adjudicated incompetent by a court of competent jurisdiction.

General Guardian

Guardian of the Person

Guardian of the Estate

Slide21

Procedure

File a petitionDr. assessment of Ward

Notice of Hearing

Guardian Ad Litem (GAL) appointed

HearingAdjudication: Order entered

Ward retain some rights

Slide22

Qualification as Guardian

Estates DivisionPost Bond

Application: summary of assets and income

Qualify

Guardianship Class

Slide23

90 day inventory and annual accountings

90 day inventory – snap shot of assets

Annual Accounting

Identify all receipts

Identify all disbursements. Receipts or a billReturn receipts on the checks

No checks payable to cash or use of an ATM card

Slide24

Resources

Disability Rights North Carolina. See

http://www.disabilityrightsnc.org

.

 The ARC of North Carolina.

www.arcnc.org

 

A booklet on the guardian's responsibilities

can be found at

http://www.nccourts.org/Forms/Documents/1184.pdf

 

Clerk of Superior Court Procedures Manual. which spells out how incompetency is adjudicated and how ward’s estates are supervised.

 

National Center on Law and Elder Rights (NCLER) http:www.justiceinaging.org/nalc-meets-national-center-law-elder-rights. One stop support center for legal services, aging and disability community access to training and technical assistance.

 

Slide25

Guardianship or Power of Attorney

Which one do you need?

Power of Attorney – less judicial involvement and less cost

Guardianship – more supervision of the Ward’s assets

Question and Answers

Slide26


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