Powers of Attorney & Guardianship

GUAM LEGAL SERVICES CORPORATION Disability Law Center

Powers of Attorney &

Guardianship

“GLSC-DLC will provide legal assistance, advocate, and promote equal

rights and equal access to justice for the underserved communities of

Guam”

GLSC-DLC Mission Statement


Power of Attorney

Basically an affidavit, not a court order

Gives authority to act on behalf of the signer for specific or general purposes

Does not prevent individual from acting on his or her own behalf


Specific Power of Attorney

(SPOA) Called Special Power of Attorney

Limited to those purposes listed in the SPOA

Usually for cashing checks and paying bills

Often limited for a specific period of time


General Power of Attorney

(GPOA) Gives complete authority over everything belonging to the signer

Can even transfer land from signer to others, including attorney-in-fact

Signer must have absolute trust in attorney-in-fact, usually parent/spouse

Can lead to family conflicts later depending on how GPOA is used


Regular Power of Attorney Can be revoked by signer

“Durable” can be revoked until individual becomes incompetent

After become incompetent can be supplanted by guardianship

Not as effective or as accepted as a court order


Guardianship of a Minor

(under 18) Petition

- Need for Guardianship

Parents – Estate

Non-parents – Care & Custody

Especially for medical and educational needs

- Supporting documents

Birth Certificate

Evidence of Estate


Guardianship of a Minor Making medical decisions and getting

copies of medical records Making school-related decisions and

getting education records Adding a non-biological child to an adult’s

health insurance coverage; Accessing certain public benefits, such as

public housing


Some areas that a court may

grant Guardianship are: Traveling or deciding where to live Refusing or consenting to medical treatment Treatment in a hospital or institution Possessing or managing real or personal property or

income Initiating, defending, or settling lawsuits Paying or collecting debts Access to and release of confidential records and

papers Making a will


How to choose a Guardian: In making a selection of an individual to serve as

guardian, first consideration is usually given to those who play a significant role in the person’s life. The guardian should be someone who is both aware of and sensitive to the disabled person’s needs and preferences. It is very important to remember that guardianship is a relationship in which one person places trust and confidence in the capability, integrity and fidelity of another. It is within the power of the court to name co-guardians if two individuals wish to share the duties.


Adults with Disabilities (Intellectual and Physical)

Petition Need for guardianship Disability

Unable to care for self without assistance Mental / medical evaluation

Supporting documents Birth Certificate Evidence of estate Documentation of disability


Procedure at GLSC-

DLC Commence by intake interviews Meet with advocate, then attorney

Review legal documents: Petition, consents Consents of parents, proposed guardians,

and/or siblings

File in court Assigned to judge Set for hearing


Hearing

Proposed guardians, parents and ward need to appear

Judge reviews petition Petition granted

order not necessarily released immediately processed by court


Order

Be sure to keep certified copy Give copies to school (for minors) Limits ability of disabled adult to act

on his or her own behalf


Client Rights: Right to Self

Determination Best Practice: The Guardian must balance their

obligation to both protect vulnerable adults and respect their right to self-determination: Limiting the guardianship (court order) to the

greatest extent possible Establishing a guardianship plan that maximizes

autonomy Allowing for the individual to make decisions

whenever that choice will not adversely affect his/her health, safety, or well being

The guardian’s personal choice or preference is not relevant


Clients Rights: Least

Restrictive Alternative Best Practice: To maximize the

individual’s personal freedom by choosing the least restrictive intervention that will effectively meet their needs. Identify the least restrictive forms of

intervention in the guardianship plan. Monitor the effectiveness and

appropriateness of services being provided and make changes as needed.


When does guardianship

end? The responsibilities of a guardian usually

end, in a legal sense, when the child reaches 18 years of age, marries, is adopted, or if guardianship is ended by the court, the guardian, the child or the parent.


Thank you!

Guam Legal Services Corporation

Disability Law Center

113 Bradley Place, Hagatna, GU 96910

Tel: (671) 477-9811

TDD/TTY: (671) 477-3416

Email: [email protected]

www.lawhelp.org/gu

Documents

Powers of Attorney & Guardianship