• Parents of children under the age of 21 do not need to file for
guardianship. However, once a child reaches the age of 21,
family members must file for guardianship.
• The term of a conservator has no limits unless set by the court.
• Conservatorship may be revoked at any time by asking the
court to remove the conservator.
• Medical documentation is necessary to revoke conservatorship.
Limited Assistance
• If a person is found to be “partially disabled” about his or her
personal care and financial affairs, a judge may appoint a
limited guardian and/or a limited conservator with limited
responsibility.
• as an example an individual might be able to live
independently but need assistance signing a lease
• or they might be able to manage a weekly or monthly
allowance but not reliably pay their bills.
• A limited guardian or limited conservator may be appointed
for no more than 5 years.
Guardian Ad Litem
• A guardian ad litem is an attorney who is appointed by the
court to advocate for a child.
• A guardian ad litem is necessary when there is a conflict
between parents and children or when there is no one who
adequately represents the interests of the child
• The duties of guardian ad litem include:
- legally advocate for the best interests of the child
- institute any legal action
- seek special education benefits
- meet notification requirements to protects the child’s
benefits
- attend hearings on behalf of the child
- Examine all records and meet with medical personnel on
behalf of the child.
Power of Attorney
• A power of attorney is a limited right given by one competent
person to another. Power of attorney requires a legal document that
is witnessed when signed.
• It is limited to a specific act or a specific set of acts.
• These might include:
- writing checks
- opening a back account
- signing legal documents
• The power of attorney stops when the individual revokes it or
becomes unable to handle his/her own affairs.
Durable Power of Attorney
• Durable power of attorney is a specific document in which a
competent individual names another person to act on his or
her behalf when and if that individual becomes unable to
manage his or her own affairs.
• This is a legal document that requires a witness when signed.
• The person named will serve as guardian without the need for
going to court.
••
•
A durable power of attorney should be signed by every
competent patient who is ill or injured.
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2020-2022 BIAK Resource Journal
Legal Resources
• If it is signed and the patient’s condition deteriorates, it
will not be necessary to go to court to file for guardianship
or conservatorship.
• Hospitals and health care providers are required to discuss
durable power of attorney with patients, but few patients have
a signed document.
Health Care Surrogate
• A health care surrogate is like a power of attorney for medical
issues.
• Naming a health care surrogate must be done in a legal
document and witnessed when signed.
• It is limited.
• It allows a designated adult to make medical decisions for an
individual.
Living Will
• A living will is a legal document that states the intent of the
individual if faced with a terminal medical condition.
• This is a legal document that must be witnessed when signed.
• It is also called an advance directive
• It sets forth clear guidelines for families and health care
providers which allow everyone to contemplate death and
dying and health care issues while they are still competent.
• Signing an advance directive removes all questions and doubt
from family members and health care providers in regard to
the treatment wishes of the individual.
• Any individual of sound mind and legal age may execute an
advance directive.
- It must be entered into voluntarily.
- It must be signed and witnessed by two individuals,
each of whom is 18 years of age or older.
• It may also include the name of a person who is designated to
make decisions if the individual is incapacitated and either in a
terminal condition or is permanently unconsciousness.
• If a person has not signed an advance directive, a petition may
be filed with the court to have a guardian appointed.
• The guardian would make decisions concerning life sustaining
procedures or end of life procedures.
• A living will becomes effective when presented to the treating
physician.
Trustee
• If the major concern is money, a person may establish a trust
fund.
• A trust fund is a legal device that allows one person, a trustee,
to manage property and money for the benefit of another.
• A Trustee has no authority to make personal decisions for the
individual who sets the trust.