GANJI
Pamphlet
Series on Guardianship Issues
No.
2, October 2006
Power of Attorney for People with
Developmental Disabilities
Sample
Documents and Frequently Asked Questions
Presented at the 11th Annual
GANJI Conference, October 2006
Developed by
Peggy Dervitz, MSW
Shashi Jain, Ph.D.
Daniel Jurkovic, Esq.
Joan Kakascik, Ed.D.
In collaboration with
The Community
Health Law Project
David Popiel, Esq., Senior Managing
Attorney
Elizabeth Livingstone, Esq., Senior Staff
Attorney
People
with developmental disabilities who have been assessed by a psychologist as not
in need of a guardian may wish to avail themselves of protection in the event
that they become incapacitated and need a surrogate decision maker.
A Durable Power of Attorney and a Medical Power of Attorney are legal
instruments that are available to all persons with capacity as a way of planning
for such an event. The standard types of documents that attorneys use for the
general population are written in such a way that they are often too complex and
difficult for people with developmental disabilities to understand.
The attached forms were developed to meet the needs of people with
developmental disabilities and are written in simple, easy to understand
language.
These
forms and the accompanying Frequently Asked Questions were designed for use by
the Community Health Law Project whose attorneys frequently represent people
with developmental disabilities. The
documents are being made available to all attorneys as templates and may be
adapted for use as needed.
This
material is new and we are just beginning to develop a body of knowledge with
regard to its use. Please share
with us any modifications to the forms that you think will be helpful as well as
your practical experience so that we can all learn together.
Giving a Medical Power of Attorney to Someone (Principal)
Accepting a Medical Power of Attorney from Someone (Agent)
Giving a Power of Attorney to Someone (Principal)
Accepting a Power of Attorney from Someone (Agent)
Medical Power of Attorney
General Durable Power of Attorney
Revocation of Medical Power of Attorney
Revocation of Power of Attorney
Contact Persons