BYJOAN SACRAMENTO, MSW, JD, LF

PINAL COUNTY PUBLIC FIDUCIARY

POWER OF ATTORNEY vs.

GUARDIAN AND CONSERVATOR

A DOCUMENT WHICH GIVES A PERSON (AGENT) THE RIGHT TO MAKE DECISIONS

ON BEHALF OF ANOTHER (PRINCIPAL)

POWER OF ATTORNEY

4 TYPES OF POWERS OF ATTORNEY

SPECIFIC

HEALTH CARE

MENTAL HEALTH

DURABLE/FINANCIAL

SPECIFIC

LIMITED IN SCOPE

LIMITED IN TIME

SPECIFIC TO AN ACTION OR DECISION

HEALTH CARE

ALLOWS OTHERS TO MAKE MEDICAL AND SOMETIMES PLACEMENT DECISIONS

ALLOWS ADMISSION OF A PERSON INTO THE HOSPITAL

GIVES THE POA THE ABILITY TO RECEIVE INFORMATION REGARDING THE MEDICAL CARE AND TREATMENT

MENTAL HEALTH

1. ALLOWS AGENT TO ADMIT PRINCIPAL TO A LOCKED BEHAVIORAL HEALTH UNIT IN A HOSPITAL

2. AGENT IS ALLOWED TO VIEW ALL MENTAL HEALTH RECORDS

2. CONSENT TO DISCLOSURE OF RECORDS TO 3RD PARTIES

3. AGENT GIVES INFORMED CONSENT FOR TREATMENT

FINANCIAL / DURABLE

GIVES POWER TO HANDLE ALL FINANCIAL AFFAIRS

ALLOWS THE AGENT TO CLOSE AND OPEN BANK ACCOUNTS, TRANSFER FUNDS, AND SELL PROPERTY

DOES NOT REQUIRE BONDING OR REPORTING TO PRINCIPAL

GOOD BAD

EASY TO ACCOMPLISH

ALLOWS DECISIONS TO BE MADE QUICKLY

RECOGNIZED BY MANY INSTITUTIONS

EASILY CHANGED IF NEEDED

INEXPENSIVE

LITTLE LEGAL PROTECTION FOR UNSCRUPULOUS ACTS

NO OVERSIGHTNO ASSURANCE

AGENT UNDERSTANDS THE DECISIONS TO BE MADE

NO NOTICE REQUIRED TO NEXT OF KIN

POWER OF ATTORNEY GOOD AND BAD

LEGAL PROCESS TO PROTECT VULNERABLE

ADULTS

GUARDIANSHIP CONSERVATORSHIP

COURT ACTION

PETITION IS FILED ALLEGING INCAPACITY

1. UNABLE TO HANDLE PERSONAL AFFAIRS- GUARDIANSHIP

2. UNABLE TO HANDLE FINANCIAL AFFAIRS-CONSERVATORSHIP

PETITION CAN REQUEST EITHER ONE OR BOTH

PROTECTION FOR ADULT

PHYSICIAN STATEMENT AS TO INABILITY

COURT VISITOR TO GIVE IMPARTIAL REPORT TO COURT

COURT APPOINTED ATTORNEY TO REPRESENT POTENTIAL WARD

COURT PROCESS

ALLEGED PROTECTED PERSON HAS RIGHT TO CHALLENGE PETITION

HAS THE RIGHT TO NAME GUARDIAN AND/OR CONSERVATOR

LEAST RESTRICTIVE ALTERNATIVE TO PROTECTION

IF KNOWN, NEXT OF KIN IS TO BE NOTIFIED OF PETITION

COURT MUST FIND BY CLEAR AND CONVINCING EVIDENCE THAT THE PERSON IS IN NEED OF PROTECTION

COURT MUST REVIEW THE CASE ANNUALLY

GUARDIANSHIP

GUARDIAN MAKES PERSONAL DECISIONS:

1. RESIDENTIAL PLACEMENT2. MEDICAL3. EDUCATION4. FINANCIAL TRANSACTIONS UNDER $10,000.005. WARD’S CIVIL RIGHTS ARE TAKEN AWAY

GUARDIANSHIP RESPONSIBILITIES

YEARLY REPORT TO THE COURT INCLUDES:1. CURRENT RESIDENCE2. PHYSICIAN’S NAME WITH DATE OF LAST VISIT WHICH DESCRIBES THE CURRENT MEDICAL ISSUES 3. DATE GUARDIAN LAST SAW WARD4. WHETHER GUARDIANSHIP IS STILL

NEEDED

GOOD BAD

REPRESENTATION BY ATTORNEY

EVIDENCE PRESENTED AS TO NEED

GIVES NOTICE TO RELATIVES

ANNUAL REVIEW OF SERVICES

CAN BE LIMITED LEAST RESTRICTIVE

SLOWER PROCESS TAKES AWAY CIVIL

RIGHTSNOT AS

RECOGNIZABLE TO INSTITUTIONS

CAN BE EXPENSIVECONFLICT BETWEEN

WANTS AND BEST INTERESTS

GUARDIANSHIP GOOD AND BAD

CONSERVATORSHIP

CONSERVATOR FINANCIAL DECISIONS:1. BUDGET2. FINANCIAL INVESTING3. APPRAISAL AND SALE OF REAL & PERSONAL PROPERTY4. SUSTAINABILITY OF ESTATE PLAN5. DOES NOT TAKE AWAY CIVIL RIGHTS

CONSERVATOR RESPONSIBILITIES

CONSERVATOR MUST FILE AN ANNUAL ACCOUNTING REFLECTING:1. BUDGET COMPARISON FROM PREVIOUS YEAR2. DISPOSITION OF PROPERTY3. GAIN OR LOSS OF ASSETS4. COST OF CARE5. FINANCIAL STATEMENTS SHOWING TRANSACTIONS6. REVIEW OF SUSTAINABILITY OF ESTATE

GOOD BAD

COURT OVERSEES FINANCIAL TRANSACTIONS

BOND REQUIREMENTESTATE SPENDING IS

ANALYZED FOR SUSTAINABILITY

BILLS ARE PAIDPERSON’S CIVIL RIGHTS

MAY BE LEFT IN TACT

EXPENSIVEPROCESS SLOW FOR

COURT APPROVALNO VISIT REQUIREMENT

TO WARDREQUIRED COURT

ACCOUNTING FORMS MAY BE CONFUSING

FINANCIAL INSTITUTIONS ARE NOT FAMILIAR WITH IT

CONSERVATORGOOD AND BAD

GUARDIAN AND CONSERVATOR SIMILARITIES

COURT PROCESSRIGHT TO AN ATTORNEYCAN BE REQUESTED IN ONE PETITIONACCOUNTABLE TO COURT FOR ACTIONSHIGHER AUTHORITY TO POWER OF ATTORNEYANNUAL REPORTING TO COURTNOT UNDERSTOOD BY MANY COMMUNITY

MEDICAL AND FINANCIAL INSTITUTIONSMAY MAKE FUNERAL ARRANGEMENTS

CONSERVATOR

MAKES PERSONAL DECISIONS

REVIEWS CARE & SERVICES WARD RECEIVES

VISITS WARD QUARTERLY

ADULT CIVIL RIGHTS ARE TAKEN AWAY

MAKES FINANCIAL DECISIONS

ACCOUNTS FOR ALL ASSETS AND DEBITS

PAYS BILLSMONITORS SPENDING DEVELOPS

SUSTAINABILITY PLANADULT RIGHTS ARE NOT

NECESSARILY TAKEN AWAY

DIFFERENCES

GUARDIAN

POWER OF ATTORNEY GUARDIAN/CONSERVATOR

NO COURT OVERSIGHT AGREEMENT BETWEEN

AGENT AND PRINCIPAL NO ADJUDICATION OF

INCAPACITY CAN BE USED SHORT TERM

FOR SPECIFIC ACTIONS CIVIL RIGHTS REMAIN IN

PLACE PRINCIPAL CAN REVOKE IT ATTORNEYS MAY OR MAY

NOT BE USED LESS EXPENSIVE

COURT PROCESS INCAPACITY ATTORNEY IS APPOINTED CAN BE LIMITED COURT REVIEWS CASE

ANNUALLY COURT TERMINATES

APPOINTMENT PERSON MAY LOSE CIVIL

RIGHTS HIGHER AUTHORITY TO ACT MORE EXPENSIVE

GUARDIAN/CONSERVATOR COMPARED TO POWER OF ATTORNEY

THE END