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Articles
Guardianship
Summit 2011
The National Guardianship Network (NGN) recently convened the Third
National Guardianship Summit: Standards of Excellence at the University of Utah,
S.J.Quinney College of Law in Salt Lake City on October 12-15th, 2011.
The Summit
is a multi-disciplinary consensus conference of NGN and cosponsoring
organization delegates that focused on post-appointment guardian
performance and decision-making. Recommendations from the Summit will provide the groundwork for
nationally recognized standards for guardians of adults.
Click here for
full article
The
Value of a Family Guardian
Barbara M. Ellis, RN, CCM, NCG
This
article was originally written in 2004 (with later updates) and included in
a newsletter for Probate Judges. It
is a discussion of the very special and essential attributes that a family
member brings to the guardianship process.
Click here for full article
10/09:
Be Cautious of Generic Health Care Proxy Forms
Thomas M. Murphy, Esq.
Hospitals
often give patients a health care proxy form to sign on being admitted.
While signing a generic health care proxy form is better than not signing
one at all, these documents vary in the amount of care that has gone into
their drafting, and having one that is specifically tailored to your needs
can be important.
Click here for full article
3/08:
Using Elder Mediation in Adult Guardianship Cases - A New Approach for the
Court-Appointed Attorney
Anthony Serra, Esq.
For a
host of reasons, being appointed to represent a person alleged to be
incapacitated can be one of the most challenging and conflicting endeavors
for an attorney.
As a result of age or disability, an individual’s
impairments may necessitate the appointment of a guardian. However, the
fact that the ward is no longer able to manage his or her own affairs
should not deprive the ward of his/her individual liberties.
Click here for full article
10/07: Fiduciary Responsibility: Person vs.
Property
Donald D. Vanarelli, Esq.
As a result of age or disability, an individual’s
impairments may necessitate the appointment of a guardian. However, the
fact that the ward is no longer able to manage his or her own affairs
should not deprive the ward of his/her individual liberties.
Click here for full article
8/07: Special Needs Issues: Did You Know...
Donald D. Vanarelli, Esq.
Parents of children with special needs face many legal
issues that may be critical to the continued welfare of their children.
Below are just a few of the issues that parents of children with special
needs should be aware of....
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4/07: Supplemental (Special) Needs Trusts:
Planning for the Disabled and Sheltering Personal Injury Awards
Donald D. Vanarelli, Esq.
A SNT is a trust designed to
supplement, and not to supplant, impair or diminish, public benefits a
beneficiary is receiving, or may in the future be receiving. Designed to
(1) protect the trust corpus in the event that the beneficiary is, or
becomes, eligible for public benefits and (2) protect the beneficiary's
eligibility for benefits, which might otherwise be in jeopardy by an
outright distribution of the trust corpus.
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5/05:
Assessing the Need for Guardianship or Conservatorship
Donald D. Vanarelli, Esq.
Guardianships and
conservatorships are two types of legal actions conferring upon a
designated individual (the guardian or conservator) the right to make
surrogate decisions on behalf of another.
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