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Once a person becomes a guardian, they should be aware of their responsibilities. Since the ward loses significant rights, guardians must promote their autonomy to the fullest possible extent. Guardians must make decisions, such as moving the ward across states, in the wards best interests.Legal Guardianship for Adults With DisabilitiesThere are several types of guardianship. An adult may require assistance across domains or may only need help in certain areas. In a plenary or total guardianship, a person may have more responsibilities than in a limited guardianship, in which the ward retains more rights.In guardianships of the estate, or conservatorships, responsible individuals handle money for others.Guardianships of the person support personal affairs, such as education, housing, and health care.Plenary guardianships provide total assistance.In limited guardianships, the substitute decision-maker only helps with particular decisions. A court may order a limited guardianship when an adults incapacity may only affect certain decisions. It is the least restrictive arrangement.Effect on the WardIn many cases, those subject to guardianship no longer have significant rights, which can vary depending on how restrictive the guardianship is. In some circumstances, lost rights include:VotingMarriageChoosing where to liveProviding medical consentDeciding whether to extend their lives or die naturallyHolding a drivers licenseControlling, buying, or selling propertyOwning a firearm or weaponEntering into contracts, such as leasesGuardians ResponsibilitiesMaking decisions for those who cannot, guardians must act in the best interests of their charges and fully support their independence. Depending on the terms of the order, responsibilities include arranging appropriate housing, education, and access to medical care. States can also require guardians to take classes.Although the guardians controls can extend across many domains of the wards life, the guardians power stems from the court. Individuals exercising authority may face sanctions if the court has not approved a particular action.Many guardianship orders allow a competent adult to manage the finances of an incapacitated individuals to purchase food and pay bills, for example. In many cases, however, the court does not give custodians complete powers.A guardian may lack the power to sell the adults property, such as a home. To do so, the guardian would need special permission.Caregivers also typically cannot reimburse themselves from the funds of the person with a disability without special permission from the judicial authority.Annual ReportProtectors must file a yearly report. Depending on the guardianship type, this document may update the court on factors such as the following:how the adult with a disability is doingwhere they currently livetheir financial statusIt is crucial that guardians remember to keep good records and submit the report each year. Otherwise, they could face judicial reprimand and removal.Transferring Guardianship Across StatesSometimes, the responsible person may wish to transfer the ward to another state to receive care. Moving must not simply constitute a matter of convenience for the caregiver, but must fulfill the wards best interests. The custodian must have reasonable and adequate plans for the wards care in the new location.Before the majority of states adopted the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA), transferring guardianships was complex. Since state laws govern guardianships, each state had its own rules. Streamlining the process, the Act makes moving those under guardianship easier by honoring the rulings of other jurisdictions. According to Special Needs Alliance, 45 states have enacted the UAGPPJA.Similar to when an individual petitions for guardianship, they must ask the court to transfer the guardianship to a new jurisdiction and give notice of the move to all interested parties. If a person disputes the relocation, the court holds an evidentiary hearing to determine if moving aligns with the wards best interests.Removing GuardiansWhen protectors fail to uphold their duties, the court may strip them of their authority and appoint another guardian. Grounds for removal include:physical abuseemotional abusefinancial abusefailure to meet procedural standards, such as neglecting to file the annual reportTerminating CustodyCapacity can fluctuate over time. In some cases, incapacitated people regain the ability to make decisions. Other times, a ward may dispute guardianship. When a person wishes to end a guardianship, they can ask the court to terminate it.Since wards sometimes face bias in legal proceedings, ending a guardianship can be challenging. Although individuals can represent themselves pro se, or without an attorney, a special needs attorney can help those subject to guardianship restore their rights.Find a Special Needs Planning AttorneySpeak to a special needs planner near you to learn more about transferring or ending guardianship of an adult child with a disability.Additional ReadingLegal Guardianship of an Adult: Becoming a GuardianWhat Are the Wards Rights in a Guardianship?Attorneys Can Help Prevent Bias in Guardianship ProceedingsHow Legal Counsel Can Benefit Ward in Proposed GuardianshipContact Sharek Law Office at 412-547-9855 or click here to schedule a complimentary 15-Minute Call to learn how we can help. This article is a service of Sharek Law Office, LLC. We dont just draft documents; we ensure you make informed and empowered decisions about life and death, for yourself and the people you love. That's why we offer a Life and Legacy Planning Session, during which you will get more financially organized than youve ever been before, and make all the best choices for the people you love. You can begin by calling our office today to schedule a Life and Legacy Planning Session and mention this article to find out how to get this $750 session at no charge. Please note this is educational content only and is not intended to act as legal advice.

In helping clients prepare for their future, estate planning and elder law attorneys use many acronyms. Understanding some of the common medical and legal terms in this field can give you added confidence in your approach to planning for your own future or that of your loved ones.1. AEP (Accredited Estate Planner)An AEP is an estate planning professional who has attained a graduate-level designation in estate planning. Attorneys and other estate planning experts, including accountants, financial advisors, and financial planners, can seek this accreditation. Although accreditation isn't necessary for a lawyer to do estate planning, accredited estate planners have gone through additional education in estate planning. They're recognized by the National Association of Estate Planners & Councils.2. CCRCs (Continuing Care Retirement Communities)Older adults who want to stay in one place as their care needs progress can reside in continuing care retirement communities, which provide different levels of care as their medical and care needs change. Residents can start out living independently and then receive assisted living or nursing home care when required.3. CMS (Centers for Medicare & Medicaid Service)CMS is the federal agency that regulates Medicare, Medicaid, and Childrens Health Insurance Programs, as well as the Federally Facilitated Marketplace, an online health insurance marketplace.4. DNR (Do Not Resuscitate Order)A DNR allows individuals to choose not to have physicians prolong their lives with CPR or cardiopulmonary resuscitation. The person as well as their physician must sign the order. DNRs differ from living wills. Whereas DNRs are specific to CPR, living wills allow individuals to state whether or not they want general medical care to prolong their lives.5. DPA (Durable Power of Attorney)Using a DPA, you can appoint a trusted individual to manage your health care decisions or financial decisions in the event that you cannot make choices for yourself. A health care agent can make decisions about what kind of care you receive, whereas a financial agent can help manage your finances and pay your bills. Having a durable power of attorney in place can help you avoid needing a guardian in the future if you become incapacitated.6. GAL (Guardian ad Litem)When the court has concerns about a persons ability to handle their personal or financial affairs, it can appoint a guardian ad litem to advocate for the individuals best interests.7. IRA (Individual Retirement Account)Individual Retirement Accounts are accounts that allow individuals to save money for retirement on a tax-free or tax-deferred basis. Traditional IRAs use tax-deductible income and are tax-deferred, whereas Roth IRAs use post-tax income and aren't taxed upon withdrawal.8. MMNA (Monthly Maintenance Needs Allowance)When one spouse goes on Medicaid and enters a nursing home and the other remains at home, federal spousal impoverishment rules provide that the spouse remaining in the community can retain a certain amount of the couples income.The Minimum Monthly Maintenance Needs Allowance is the minimum amount of the couples income the spouse who remains at home must receive. When the healthy spouses income falls below the minimum, the spouse receiving Medicaid can give a portion of their income to the community spouse.9. SNF (Skilled Nursing Facility)Individuals with acute illnesses and injuries can recover in skilled nursing facilities, which are short-term rehabilitation centers. Skilled nursing facilities provide skilled nursing that meets residents unique needs and are distinct from nursing homes, which provide long-term care.10. SSA (The United States Social Security Administration)The Social Security Administration regulates Social Security retirement, survivor, and disability insurance benefits programs. It's the agency responsible for allocating the Supplemental Security Income program for individuals with disabilities and assigning Social Security numbers.11. UAGPPJA (The Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act)The majority of states have adopted the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act, which was drafted in 2007. The Act covers guardianship transfers, making moving between states easier and more efficient.This article is a service of Sharek Law Office, LLC. We dont just draft documents; we ensure you make informed and empowered decisions about life and death, for yourself and the people you love. That's why we offer a Life and Legacy Planning Session, during which you will get more financially organized than youve ever been before, and make all the best choices for the people you love. You can begin by calling our office today to schedule a Life and Legacy Planning Session and mention this article to find out how to get this $750 session at no charge. Please note this is educational content only and is not intended to act as legal advice.

Making important decisions for aging parents can be a challenging task, but power of attorney (POA) can provide peace of mind and clarity in times of need. POA enables individuals to make crucial decisions on behalf of their parents, such as managing their finances or making medical decisions, when theyre unable to do so themselves due to age or illness.While it may be difficult to approach this topic with your parents, having these discussions early on can help ensure that you follow their wishes if their health changes over time. Starting the conversation with empathy and understanding can make all the difference.In this article, well explore how to obtain power of attorney for elderly parents and provide helpful tips on how to approach these discussions with warmth and care. After all, our ultimate goal is to ensure that your aging parents receive the best possible care and support.Whats a POA?According to the American Bar Association, POAs are legal documents, which vary between states, that provide a person, or several individuals, with the power to perform actions on behalf of someone else. The individual with a POA is an agent, whereas the principal refers to the person who is having their affairs managed by other individuals. Agents can only perform actions outlined within the POA document. Moreover, if someone agrees to a POA, they can still make their own decisions, providing they can still do so coherently. This means the agent cannot make exclusive decisions on behalf of the principal.POA TypesBelow is more information regarding the different POA types: General: For this POA, the agent can manage the principals affairs for a specific period, and the principal may revoke this at any point. These automatically finish if the principal becomes incapacitated and are common when an individual can still see to their affairs but prefers that someone else does this for them. Durable: These POAs continue after the principal becomes incapacitated and are more common when someone cannot manage their affairs. They can conclude in many ways, including once the principal dies or if the agent completes the conditions within the POA document. Springing: The terms in this POA dont take effect unless the principal becomes incapacitated. For this POA, the principal remains in control of their affairs until they lose capacity. Medical: These POAs allow agents to make the principals medical decisions. They last until the principal is competent and might also expire after a certain period mentioned in the document. Limited: These limit the agents ability to make decisions regarding certain tasks as outlined in the POA document, such as paying bills or selling a house. Limited POAs are usually temporary and end when the principal loses capacity.Why and When to Consider a POA For Your Aging ParentsHere are the common reasons why individuals may consider getting a POA: Finance issues: POAs enable individuals to continue paying their parents bills and manage their finances when their parents struggle to fulfill these obligations. Serious illness: Having a POA for an elderly parent can be helpful as it allows them to focus on getting better and reduces the stresses associated with managing their affairs. Memory issues: Individuals commonly obtain a POA to manage their parents affairs if they develop dementia. Its helpful to note that its necessary to obtain the POA before the parent loses their capacity. Surgery: When an elderly parent is undergoing surgery, it might be a good idea to obtain a POA so individuals can make decisions on their parents behalf and manage their affairs until theyve fully recovered. Frequent travel: Some elderly parents like to travel frequently, so POAs can be useful here for ensuring their affairs remain in order while theyre away. How Do I Choose a POA For My Parents?When considering a POA for your aging parents, there are several things to keep in mind. The most crucial factor is trust you must choose someone you can rely on to make decisions in your parents best interests and follow their wishes.While family members are often chosen for this role, its important to consider whether theyre the best fit. If you think an objective outsider may be better suited to the task, such as a lawyer, accountant, or financial institution, this is also an option, although it may come with additional costs.Before agreeing to be a POA for your parents, its essential to have a thorough discussion with them to understand their needs and preferences. Different types of POAs have different levels of responsibility, and its important to clarify what your parents expect from you. If your parents need help with medical decisions, for example, this will require more involvement than if they only need assistance with financial decisions.Finally, its essential to understand the financial implications of becoming a POA. Youll need to keep your finances separate from your parents and be prepared to justify any decisions you make to avoid legal issues.Choosing a POA for your aging parents is a significant decision, and its essential to approach it with care and sensitivity. By having open and honest discussions and seeking objective advice, you can ensure that your parents receive the best possible care and support. Contact Us To Learn More About Obtaining A Power Of Attorney For Your Elderly ParentsIf you have elderly parents, its understandable that discussing power of attorney (POA) may be a sensitive topic. However, starting these discussions as early as possible can bring peace of mind and clarity in the future.When approaching these conversations, its important to consider your parents health and well-being. Let them know that youre there to support them and that you will only use the POA powers if its absolutely necessary. Its a promise that can help reassure your parents that you have their best interests at heart.Additionally, it may be helpful to seek the guidance of an experienced estate planning attorney. They can provide objective advice and alleviate any concerns that your parents may have. We understand that this is a difficult process, but we're happy to help. Please feel free to contact us to learn more about how we can assist you and your family.This article is a service of Sharek Law Office, LLC. We dont just draft documents; we ensure you make informed and empowered decisions about life and death, for yourself and the people you love. That's why we offer a Life and Legacy Planning Session, during which you will get more financially organized than youve ever been before, and make all the best choices for the people you love. You can begin by calling our office today to schedule a Life and Legacy Planning Session and mention this article to find out how to get this $750 session at no charge. Please note this is educational content only and is not intended to act as legal advice.

The feelings that an older adult experiences at the onset of dementia and memory lossnamely frustration, anxiety, and fearare also felt by family members. And just as the person with dementia depends on sources of comfort, security and consolation, that individuals family often requires support, as well. Families need to understand what their loved ones are going through and how to add quality to their lives and cope with these changes. And, if families feel they cant care for them on their own, this is understandable and acceptable. Thats when they may need guidance in selecting a memory support program.Though the rate of progression varies, widely, those with Alzheimers disease on average live eight to 10 years after their diagnosis, but some survive 20 years or more. The Mayo Clinic advises, It is best to have a support plan. Country Meadows Retirement Communities has developed a free 16-page guide, Understanding Dementias Effects on Your Loved One and Family to assist with discussing and deciding what is best for your family and situation. The topics include the following:Understanding the different levels of memory lossSetting expectations as a caregiver and tips for supporting your loved oneEnjoying successful visits with a loved one with dementia Helping children understand and cope with the change Limiting or stopping drivingPlanning for legal and financial implicationsDetermining if and when it is time for a memory support program and if so, evaluating your options  To get our free guide, stop by one of our communities or visit us online at CountryMeadows.com/Dementia. And you can always just give us a call to ask a question. Were here to help.