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Medicaid Planning Special Needs Trust Estate Planning Trust Administration Guardianship

 

General Info FAQ Glossary Ask Yourself This
GUARDIANSHIP

GUARDIANSHIP SELF EVALUATION

 

This is a test to determine whether or not professional assistance is needed in dealing with a person who is incapacitated or showing signs of difficulty in handling their own affairs.  If you cannot answer the question, or your answer is “no,” then you should seek professional assistance.

  1. Has the person been to a physician, psychologist or psychiatrist specializing in geriatric care?  If so, do the medical personnel indicate the person is able to handle their own affairs?

  2. Is the person able to handle their day-to-day health and financial decisions and tasks?

  3.  Has the person executed a financial power of attorney, medical power of attorney, or health care surrogate?

  4. If there are financial and medical power of attorney documents, are those people appointed available and knowledgeable in their power, duties and responsibilities?

  5. Has the person executed a trust and transferred all of the assets into the trust?  Does the trust allow for a successor trustee (decision maker) if the person in question is incapacitated?

  6. If there is a trust holding the person’s assets, do the successor trustees understand their authority, duties and responsibilities?

  7. Is the person willing to accept help with their inabilities?

  8. Does the person understand their inabilities to make informed decisions?

  9. Does the person cooperate in their care by not wandering, not interfering with actions taken by successor trustees or surrogate decision makers?

  10. Are you aware of the various types of guardianship, the duties to the court and incapacitated person and alternatives?

 

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