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Guardianship, also, referred to as conservatorship, is a legal process, utilized when a person can no longer make or communicate safe or sound decisions about his/her person and/or property or has become susceptible to fraud or undue influence. Because establishing a guardianship may remove considerable rights from an individual, it should only be considered after alternatives to guardianship have proven ineffective or are unavailable. Guardianship is the MOST restrictive form by taking ALL rights away from the individual. Alternatives to guardianship should be considered first. See Decision-Making Visual Chart.
Decision Making Options- Transfer of Rights.pdfView GaDOE presentation on different options for decision-making and the transfer of rights. All rights transfer to the individual on their18th birthday.
Supported Decision Making- Supported decision making (SDM) is a tool that allows people with disabilities to retain their decision-making capacity by choosing supporters to help them make choices. A person using SDM selects trusted advisors, such as friends, family members, or professionals, to serve as supporters.
FERPA RELEASE- The Family Educational Rights and Privacy Act (FERPA) is a federal law that affords parents the right to have access to their children’s education records, the right to seek to have the records amended, and the right to have some control over the disclosure of personally identifiable information from the education records. When a student turns 18 years old, or enters a postsecondary institution at any age, the rights under FERPA transfer from the parents to the student (“eligible student”). The FERPA statute is found at 20 U.S.C. § 1232g and the FERPA regulations are found at 34 CFR Part 99.
Power of Attorney- The term power of attorney (POA) refers to a legal authorization that gives a designated person the power to act for someone else. As such, a POA gives the agent or attorney-in-fact the authority to act on behalf of the principal. The agent may be given broad or limited authority to make decisions about the principal's property, finances, investments, or medical care.
There are two main types of POAs, financial and health care—both of which provide the attorney-in-fact with general or limited powers.
KEY TAKEAWAYS
KEY TAKEAWAYS
A power of attorney is a legal document that gives one person the power to act for another person.
The person who receives the authority is the agent or attorney-in-fact while the subject of the POA is the principal.
The agent can have broad legal authority or limited authority to make decisions about the principal's property, finances, or medical care.
The POA is often used when the principal can't be present to sign necessary legal documents for a financial transaction.
A durable power of attorney remains in effect if the principal becomes ill or disabled and cannot act personally.
Advanced Directive- A legal document that states a person's wishes about receiving medical care if that person is no longer able to make medical decisions for themselves. The Georgia Advance Directive for Health Care is an attempt to combine the best features of the Living Will and Durable Power of Attorney for Health Care into one written document. An effort has also been made to make the execution (signing and witnessing) of this document easier and more convenient.
Guardianship- also, referred to as conservatorship, is a legal process, utilized when a person can no longer make or communicate safe or sound decisions about his/her person and/or property or has become susceptible to fraud or undue influence. Because establishing a guardianship may remove considerable rights from an individual, it should only be considered after alternatives to guardianship have proven ineffective or are unavailable. Guardianship is the MOST restrictive form by taking ALL rights away from the individual. Alternatives to guardianship should be considered first. Guardianship should only be considered if the individual is not capable of making any decisions for themselves and can be proven through Probate Court. A petition is filed with the local Probate Court. As the parent/guardian, you will have to make the decision as to what you are looking for. If you need assistance with an attorney, you can reach out to Georgia Legal Services at www.glsp.org or at 1-833-457-7529. Pro Bono legal aid can be found here https://www.georgialegalaid.org/ .
Health Care Advocacy and Navigation
Health Care Advocacy and Navigation
In this Health Care Advocacy and Navigation Webinar, special guests Susan Hagar and Lisa Pelletier joined us to discuss medical appointments, hospitalizations, community care, and what people need to know to help them navigate our healthcare system and ensure their voice is heard whether advocating for themselves or a loved one. Ken and Dianne also discuss guardianship, powers of attorney & substitute decision making and how these tools can make advocating for a loved one more accessible. Although they are from Canada and some of the information may not pertain to us living in the USA, the basis of the information provided is valuable.
Learn about:
• How to advocate for your loved one
• How to navigate the healthcare system
• Community supports & resources available
• Guardianship, Powers of Attorney, & Substitute decision making
Disability, Mental Illness & Estate Planning Webinar
Disability, Mental Illness & Estate Planning Webinar
Kenneth Pope and special guests Alison Licht & Dr. Ruth Baruch from the Michael Garron Hospital for a special webinar where we will discuss various topics around how to best support your loved one with disabilities or mental illness. Although they are from Canada and some of the information may not pertain to us living in the USA, the basis of the information provided is valuable.
Topics Include:
• Providing for your loved ones right now AND after you’ve gone
• Henson Trusts (only in Canada) and Lifetime Benefit Trusts
• Guardianships
• Difficulties navigating the mental health system
• How families can stay involved
• Confidentiality Vs. treatment planning
• Advocating for your loved one & navigating limitations
• Getting people certified & the various forms involved
SpecialCare is a MassMutual program that provides access to information and resources to families with dependents of any age who have special needs.
Click Visual for More Information on STABLE
Attorney referrals and direct representation for family law, heirs’ property, probate, property, guardianship matters, divorce, legitimation, criminal history relief, as well as ID card and driver’s license issues. All things for planning purposes for special needs.
What is an ABLE Account?
An ABLE account is a Section 529A tax-free savings account owned by a person who has a qualifying disability with an onset before age 26 and:
• Receives Supplemental Security Income (SSI) and/or Social Security Disability Insurance (SSDI) benefits or
• Does not receive SSI or SSDI benefits but has a disability certification from a licensed physician (MD or DO) that indicates a qualifying physical/mental disability or blindness.
• Contributions to the account can be made by any person with post-tax dollars.
• An ABLE account will largely not affect eligibility for SSI, Medicaid and other public benefits. This may be crucial to many individuals in the transition phase or awaiting services.
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