An advance directive is sometimes called a living will or health care declaration.
alleged incapacitated person
An alleged incapacitated person (AIP) is the adult for whom guardianship has been proposed. The alleged incapacitated person may also be called the proposed ward (in guardianship proceedings) or proposed protected person (in conservatorship proceedings).
alternatives to guardianship
An alternative to guardianship is any legal tool, social service, natural support, community resource, or government program that does not lead to FULL guardianship. Sometimes a single alternative may provide a person with the care, protection, and support she needs. Usually though, a combination of alternatives is needed to take care of a persons needs.
Assets are any item of economic value owned by an individual or corporation, especially that which could be converted to cash. Examples are cash, securities, accounts receivable, inventory, office equipment, real estate, a car, and other property.
a care coordinator is any person who is a caseworker in a hospital, nursing home, state facility, school, private organization, community-based organization (CBO), or non-profit organization (NPO).
clear and convincing evidence
evidence presented during a guardianship or conservatorship hearing that is highly probable of being true, and that a judge has a firm belief and is convinced that it is in fact true.
A conservatorship is a legal right given to a person to be responsible for the assets and finances of a person deemed fully or partially incapable of providing these necessities for himself or herself.
A court visitor is a person appointed by the probate court who represents the eyes, ears, and common sense of the court. The visitor interviews the prospective guardian and/or conservator and assesses the alleged incapacitated’s current and proposed living arrangements. The visitor’s report to the court provides the court with a better opportunity to make an appropriate judgment on behalf of the alleged incapacitated person.
this is what a definition looks like.
A guardian is a person appointed by the court to make decisions on behalf of an adult who cannot make decisions for themselves. A guardian is appointed if the court finds an adult is unable to make certain decisions independently. Guardianship is considered a long term appointment.
Guardianship 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.
is legally determined where an adult lacks sufficient understanding to make and communicate responsible decisions about his or her person or property due to impairment(s) caused by mental or physical illness or disability or chronic substance abuse.
least restrictive alternative means a setting, a program, or a course of action that puts as few limits as possible on a person’s rights and individual freedoms while, at the same time, meeting the person’s care and support needs.
Office of Adults with Cognitive and Physical Disability Services (OACPDS)
Clients of the Office of Adults with Cognitive and Physical Disability Services (OACPDS) are adults with developmental disabilities.
Office of Elder Services
Clients of the OADS Aging Services are all others adults served by Adult Protective Services that are not served by OADS - DS.
The petitioner is the interested party, such as a family member, care coordinator, home health nurse, or friend, who begins the process of filing for guardianship by filing a petition with the probate court.
power of attorney
The person Jason appoints is called a health care agent and does not have to be an attorney.
A Probate Court is a body of government made up of one or more judges. When a petition for guardianship or conservatorship is filed, the Probate Court decides if an adult is incapacitated. The Probate Court is responsible for appointing a guardian or conservator if necessary. The Probate Court may also remove a guardian and appoint a new one or declare that the protected adult no longer needs a guardian.
A person who has a mental or physical disability and gets Social Security, SSI benefits, Railroad Retirement, Black Lung, or VA benefits, may have a representative payee (sometimes called a fiduciary) receive these benefits and use the funds to pay the persons bills.
statement of consent
A statement of consent is a document that may, if the adult approves, be signed by an adult and his or her family member(s). The document is then placed in both the person’s case file and person-centered plan to allow family members to continue participating in planning team meetings.