1. The Road to Guardianship NECESSITY Case Management & Consultation, LLC Erin M. Ruscetti, MNG

2. MAKING A PLAN Advanced Directives  Health Care Power of Attorney  Springing  Durable  Financial Power of Attorney Uniform Act  Springing  Durable

3. WHEN IT DOESN’T WORK OR ACCIDENT WAITING TO HAPPEN

4. –John appoints Mary as his POA and she is actively working in this capacity when she dies, or becomes incapacitated, and there is no successor named. –Betty appoints Sylvia as her POA but when Beth becomes incapacitated, Sylvia takes all of Beth’s money, leaving her in the car for 10 hours uncared for, while Sylvia is in the casino. –Sean, who is 19, gets in a wreck and becomes incapacitated. He has no family or friends that can be found and he has never filled out a POA. Powers of Attorney: What if…

5. HI HO, HI HO, IT'S OFF TO COURT WE GO! Guardianship requires a court process to assure that appropriate decisions are made for the “alleged incapacitated person”.  Private Pay  Office of Guardianship or State Funded

6. WHO ARE THESE PEOPLE AND WHY DO THEY KEEP CALLING ME A “WARD”? Individuals who are appointed by the Court to help make a decision about the needs of the “alleged incapacitated person”.  Petitioning Attorney  Guardian ad Litem  Qualified Health Care Professional  Court Visitor THE PLAYERS

7. Types of Court Orders (all based on probate code and all sequestered)  Plenary  Limited  Specific  Co-Guardians and/or Co-Conservators There are many facets to Guardianship (and Conservatorship). By knowing about them it will help you serve your patients, and do your job, better.

8. Definition of a Guardian: Of the Person:

9. Definition of a Conservator: Of the Estate:

10. Requirements  National Certification for Corporate Guardians  Monthly Visits to the “Ward”  Annual Reporting to the Court

11. What a Guardian SHOULD DO.  Utilize “Least Restrictive Means”  Utilize Substitute Judgment  Utilize the Principle of Best Interest  Sign All Legal Documents  Know Your Client in Order to Make the Best  Decisions Regarding Aspects of Their Lives.

12. Hope you had a great ride… Thanks for your time.