Less Restrictive Options

What are the limited options that are less restrictive than guardianship?

Guardian

Limited Guardian of the Person: The courts can limit or specify the authority and responsibilities of the guardian to specific areas of the individual’s life; such as medical and health care decisions. For example, the courts can maintain specific rights for an individual through a written order- voting, marriage, driving.

Medical Power of Attorney: An agreement that grants an individual the authority to act on someone else’s behalf for health-related matters. This allows the individual to make decisions about things like medical treatments, prescriptions, and nursing home arrangements.

Durable Power of Attorney: A durable power of attorney will remain in effect for the person designated as an individual with the authority to act on someone’s behalf even if the individual later becomes mentally incapacitated.

General Power of Attorney: The general power of attorney gives the agent broad power to do almost anything for you, the principal. However, if the principal is later deemed incapacitated, the General Power of Attorney is no longer valid.

Representative Payee: A person appointed by the Social Security Administration to manage an individual’s governmental benefits to pay living expenses and daily needs.

Temporary Guardianship: For specific reasons, a person can be appointed as temporary guardian on a time-limited basis. For example: to assist in moving an individual to a residential placement; to make medical decisions, etc. Please refer to an attorney for further guidance.

Conservatorship

Limited Conservatorship: The courts can limit the authority of the conservator to specific areas of the individual’s life. For example, the sale of a property, establishing a trust, or handling estate matters. Limited conservatorship can be time-limited.

Trust: An arrangement with a trustee (another person, an attorney, an organization or a financial institution) to manage property or assets for the benefit of an individual (see trust page for additional details on developing a Special Needs Trust).

Financial Power of Attorney: An individual appoints a person to serve as their agent to make decisions on their behalf.

General Power of Attorney: The general power of attorney gives the agent broad power to do almost anything for you, the principal.

Representative Payee: A person appointed by the Social Security Administration to manage an individual’s governmental benefits to pay living expenses and daily needs.

Temporary Conservatorship: For specific reasons, a person can be appointed as a temporary conservator on a time-limited basis. For example: to assist in moving the individual’s assets to another agent; to manage assets of an estate; make financial decisions regarding buying or selling property such as a home or car; to handle inheritance, etc…