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Annual Report Of The Guardianof The Person - Adult - Courts State Nh Form

does someone you care about have difficulty making medical or financial decisions for themselves are they easily confused especially forgetful or otherwise at risk of being taken advantage of by others have you considered the possibility of establishing an adult guardianship it's a difficult decision you want to ensure that your loved one's needs are met but at the same time you may not be quite sure just what a guardianship is or how it works if so you're not alone the reality is that as we age we may become unable to make decisions for ourselves due to dementia stroke or some other serious medical condition an adult living with a mental impairment or some other disabilities may lack the understanding necessary to make informed decisions regarding their own care and what happens when a child with developmental disability reaches adulthood parents won't be around forever there must be some way to protect the rights of a developmentally disabled adult while making sure that their future needs are met Guardian ships are a useful legal tool often used to address these types of problems a guardian can help ensure that a protected person receives the highest quality of care and services possible given their circumstances this video will help you understand what a guardianship is how it works the process for creating a guardianship and helpful resources that are available in the community to assist you adult guardianship is a legal process where the court determines that an individual does not have the capacity or ability to make or communicate decisions for themselves the court then appoints a guardian to make those decisions for them there are alternatives to guardianship such as power of attorney or healthcare representation documents that can also deal with these issues however those instruments must be created while the person still has the capacity to sign a legal document if a person becomes incapacitated and they have not already appointed someone else to act on their behalf before becoming incapacitated a guardianship may be the only solution the key difference between a guardianship and a power of attorney is the issue of capacity a person can only sign a power of attorney document naming someone else to make decisions and act on their behalf while the person still has the mental capacity or ability to understand and sign the legal documents electing someone to act as their attorney in fact representative a guardian on the other hand is only appointed when the court determines that the individual is incapable of making or communicating decisions for themselves in other words that the person has already become legally incapacitated a common situation where a guardianship is appropriate is that of an older adult that has incapacity stemming from Alzheimer's disease some other type of dementia or other cognitive deficits associated with aging or the aging process another common situation where Guardian ships are often established are for individuals with intellectual or developmental disabilities who reach the age of 18 a person is considered an adult at 18 meaning they have the legal right to make their own decisions but a person with an intellectual or developmental disability may not actually have that ability they may in fact require close supervision and assistance with many activities while being as independent as possible in these situations establishing a guardianship may be an appropriate solution another situation that might require the establishment of a guardianship is when an adult becomes incapacitated due to a traumatic brain injury or other sudden health crisis such as a stroke traumatic brain injuries may happen from a catastrophic event such as a motor vehicle accident for example a motorcycle accident where the person suffers a head injury and loses consciousness for an extended period of time sometimes the person may be in a coma in that situation they are not physically or mentally able to consent to a power of attorney or make decisions for themselves often with traumatic brain injuries an emergency temporary guardianship is set up lasting for a specified period of time the guardian of a person with a traumatic brain injury typically pays bills that come to takes responsibility for bank accounts and communicates with physicians about medical decisions for the person's care they may also move the person from the hospital to a rehabilitation facility if necessary and continue to take care of day-to-day financial matters such as pain ranted and finally tax returns the sorts of things that must continue while the person is receiving medical care at the end of the specified period of time that the court sets for that temporary guardianship the guardianship can automatically terminate if the person is back to full functioning and able to make decisions for themselves or if a guardianship is still needed the individual acting as guardian can petition for a hearing to establish a permanent guardianship in establishing a legal guardianship a basic human right is at stake the right to choose and make decisions for oneself therefore the law provides a formal procedure with built-in protections that must be followed before a guardian can be appointed if you need to establish a guardianship for someone it is advisable to retain an attorney to appropriately guide you through the legal process of filing for guardianship attorneys who regularly practice in family probate or elder law should be familiar with guardianship law prior to filing a petition for guardianship you must ask a doctor to fill out a physician's statement to describe the alleged incapacitated persons diagnosis functional limitations and areas where he or she may need a Guardians help the court uses this document to make an informed etre mination about the person's incapacity and the need for a guardian a petition for guardianship may be filed by any interested person who is concerned about the welfare of an individual he or she must also provide notice to the incapacitated person his or her spouse adult children or anyone else entitled to such notice under the law prior to the hearing the court will appoint what is known as a guardian ad to make recommendations to the court about the best interests of the protected person this can help the court make a fully informed decision about the need to create a guardianship and the necessary scope of that guardianship the court can also appoint an attorney to represent the protected person the person alleged to be incapacitated must be present at the hearing unless it is impossible or impractical due to their disappearance or absence from the state if it is not in their best interest because of a threat to their health or safety or if they have knowingly and voluntarily consented to the appointment of a guardian the court will then hold a hearing at which witnesses provide sworn testimony if the Court finds that the person named in the petition is an incapacitated person and that the appointment of a guardian is necessary to provide care and supervision for their physical person or their property then the court will appoint a guardian the court may appoint a temporary guardian if the petitioner shows that it is an emergency situation to establish an emergency the petitioner must show that the welfare of the incapacitated person requires immediate action and that no other person appears to have authority to act a temporary guardianship may be created for a specified period of time not to exceed 90 days when a guardian is appointed the clerk of the court will issue a document called letters of guardianship to the individual who is appointed as guardian this document is used to show banks hospitals and other agencies that a guardianship has been created and that the named guardian has been appointed to make decisions and act on behalf of the incapacitated person the court may decide to appoint a limited guardian if it determines that the individual still has capacity in some areas but not in others for example if an individual is capable of making health care decisions but can out balance chequebook the court can create a guardianship limited to management of the checkbook generally the court will seek to impose the least restrictive means possible given the circumstances the guardian should be someone who is willing to act in the best interests of the incapacitated person in addition to being willing they should also be able and suitable to take on this responsibility and position of trust a family member such as a spouse or an adult child may be an ideal guardian the guardian does not necessarily have to be a person with experience in guardianship or have specialized training but there are certain legal requirements and duties that a guardian must fulfill the general requirements for being a guardian are that the Guardian must be 18 years of age or older be of sound mind have no felony convictions and be capable of developing a guardianship plan suitable to the court the court may take several factors into consideration when determining who is appropriate to act as a guardian including how well the person understands the responsibilities of being a guardian their relationship to the protected person whether they can act in the best interests of the protected person and how well suited they are to manage the other person's financial or medical needs the court may also take into account any requests previously made by the alleged incapacitated person such as language nominating a guardian contained in a power of attorney document once the guardianship has been established the incapacitated person is now known as a protected person or ward there are different types of guardianship the powers and duties of an appointed guardian will depend on the type of guardianship designated by the court there are three main types the first involves a guardianship of the person which gives the court-appointed guardian the ability to make decisions about the person's medical care education and other aspects of their personal life for example where they should live the second type of guardian involves a guardianship of the estate this allows the individual appointed as guardian to manage the protected person's finances and other assets if the protected person needs both the court may appoint a plenary guardianship which includes guardianship of both the person and the estate a guardian of the person is required to ensure the physical and emotional needs of the protected person are adequately provided for this includes seeing that they have food clothing shelter medical treatment and that other basic needs are met the guardian of the person has the right to make health care decisions and should circumstances warrant it decide whether the protected person shall be removed from life-sustaining procedures the guardian of the person may also choose the residents of the protected person this includes placing them in a nursing home group home or other residential facility if the circumstances warrants the guardian has the responsibility to encourage the protected person's independence and to listen to recommendations from professionals concerning appropriate standards of care for the protected person when required to make health care decisions a guardian must exercise informed consent on behalf of the protected person this means more than simply signing a consent to medical treatment form it means that the Guardian should gather all the necessary information about a proposed medical treatment ask questions as needed to understand the nature of the proposed procedure treatment or medication the alternative treatment options available or the consequences of a refusal of treatment the Guardians should then weigh those options in light of the protected persons circumstances and their prior expressed wishes if known while a guardian may take into account the wishes of other family members it is also important to recognize that such input might be in conflict with the prior expressed wishes of the protected person or the practical realities of the situation finally the Guardian must make an informed decision even in an uncertain situation as long as the Guardian has made an educated choice just as described they should be comfortable with their decision that they have reached it's a good idea for guardians and maintain notes about important decisions and then to monitor the implementation and consequences of the decision to help inform future decisions the guardian of the estate should set up a separate bank account for the protected person and keep track of all money coming in and out of this account all bona fide bills associated with the protected person should be paid from this account this includes food clothing taxes utility insurance premiums and any and all day-to-day living expenses guardians must never mix the protected person's money with their own funds the court may also require the guardian of the estate to post a bond to guarantee that the protected person's money will be handled responsibly and only for the benefit of the protected person an inventory must be filed with the court after the order appointing the guardian of the estate has been entered the inventory should include the value of all of the property belonging to the protected person if there's any real estate or other valuable assets the value needs to be reported to the court and may even require a professional appraisal the Guardian must also file regular financial accounting as required by law detailing how the incapacitated person's money has been spent often the court will appoint a guardian for both the person and the estate of the protected person this is known as a plenary guardianship and follows the same guidelines already described a guardian is not the same thing as a caregiver while a guardian may in fact be the primary caregiver and live with the protected person in most cases the protected person is living in a facility such as a nursing home rehabilitation center or group home the guardian is responsible for ensuring that the protected person is receiving proper care in that facility and that decisions are made that reflect the best interests of the protected person given their circumstances to meet this responsibility a guardian must be sufficiently acquainted with the protected person and maintain sufficient contacts to understand that person's capabilities disabilities limitations needs opportunities and physical and mental health the Guardian has a duty to carefully manage the protected person's income and assets they must create an initial inventory and then file reports that regularly update the court on the protected persons status including their physical and mental condition as well as provide accountings for how money has been used to benefit the protected person a guardian must obtain court orders as needed to manage the protected person's property the guardian must keep the protected person's property separate from their own and should not engage in any self dealing where there's a conflict of interest while a Guardian is entitled to reasonable compensation for services and reimbursement for reasonable expenditures made in good faith on behalf of the protected person the guardian must seek timely court approval for such fees and expenses a guardian must encourage self-reliance and independence of the protected person and also consider recommendations relating to the appropriate standard of care and support from relevant professionals and from the protected person's parents if applicable a guardian must also seek court approval to physically move the protected person to a different state and typically also to a new in-state location of any significant distance for complex financial matters a guardian is always best advised to seek professional help from an attorney accountant financial planner or other needed professional in the event that an incapacitated adult needs a guardian that has no family member or other person available and appropriate to act as guardian the Adult Protective Services Unit or ApS unit may seek to establish a guardianship on their behalf using the services of a professional Guardian or a volunteer Guardian serving as part of an Asst - volunteer guardianship program not all ApS units in the state of Indiana will petition for guardianship our local unit ApS unit 10 is one of the units that will pursue a guardianship petition if necessary this ApS unit will petition the court to establish a guardianship in cases where an incapacitated endangered adult does not have family who is appropriate capable or willing to be guardian any person including the protected person can ask the court to terminate a guardianship a hearing may be held and it is up to the judge to decide whether the guardianship will end there are several reasons to terminate a guardianship for instance if the protected person is no longer incapacitated the protected person dies moves to another state or if a new guardian is appointed to help fill the need for adult guardians in our community several local organizations have come together to create the Monroe County volunteer guardianship program operated under the area 10 Agency on Aging the purpose of this program is to recruit train and support volunteers to serve as court-appointed guardians for ill or at-risk incapacitated adults in Monroe County the guardianship program is supported by a grant from the Indiana Supreme Court and from local matching funds the program recruits trains and supports volunteers and handling the responsibilities of serving as a guardian this includes training on ethics and liability issues communication and decision-making skills guardianship laws social services and legal resources and other related topics volunteers are coordinated and supported by trained professional staff who oversee the volunteer guardianship program after completing training volunteers will be sworn in as Guardians by the Monroe County Circuit Court and then match with those who need services volunteers facilitate health care social services and legal representation they provide the court with recommendations for the individual the time commitment involved can typically range from two to six hours a week for more information about this important new local resource or to volunteer your services as a guardian contact the Monroe County volunteer guardianship program through the area 10 Agency on Aging visit WWE to an agency org or call eight one two eight seven six three three eight three or one eight hundred eight four four ten ten our elderly neighbors are vulnerable to crimes such as neglect abuse and exploitation sometimes even by relatives or others they trust please be a good neighbor to the elderly help them to stay safe by checking on them regularly and listening carefully to any concerns they have if you have reason to believe an elderly neighbor is at risk of harm or exploitation please call for help in an emergency call 911 ApS investigates reports of endangered adults and may take legal action to protect elderly or disabled adult victims you can make a confidential report to Indiana Adult Protective Services hotline at 1-800-273-8255 aces org or call eight one two three three nine seven six six eight or 1-800 eight for 774 Guardian ships are an important legal tool to help people who lack the capacity to make decisions for themselves Guardians advocate for services assure that quality medical care is being obtained provide protection from financial exploitation and help ensure that the protected person can live with security and dignity to the greatest extent possible given their circumstances many of us may have a loved one who will need a guardianship at some point in the future this can be a complicated matter it's critical to achieve a balance between the need for protection and safety while the same time respecting the dignity and independence of the protected person thank you for learning what you need to know about adult guardianship you