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Guardianship and Conservatorship
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Flashcards
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Incapacitated Person
An individual who is legally deemed unable to manage their own affairs or make or communicate important decisions due to mental and/or physical conditions.
Ward
A person for whom a guardian has been appointed to manage their personal, financial, and/or medical affairs because of incapacity.
Annual Accounting
A requirement for conservators to provide a yearly report of financial transactions and status to the court, showing they are managing the estate properly.
Guardian ad Litem
A court-appointed individual who represents the best interests of a child or incapacitated person during court proceedings.
Probate Court
A court that has jurisdiction over the legal processes involving the affairs of persons who have died (wills and estates) and, in some jurisdictions, guardianship and conservatorship matters.
Least Restrictive Environment
A principle in guardianship that the guardian should allow the ward as much personal freedom and choice as possible, given the circumstances of their capabilities.
Public Guardian
A government-appointed guardian for someone who cannot make their own decisions and has no suitable person to act as a guardian.
Undue Influence
The act of exerting excessive pressure on someone, taking advantage of a position of trust, which results in the victim making decisions they would not otherwise have made.
Durable Power of Attorney
A legal document that grants a trusted person the authority to act on behalf of the principal in specified matters should the principal become incapacitated.
Conservatorship
A court-appointed role for someone to manage the financial affairs of another person who is incapable of managing their own finances, often due to disability or age-related issues.
Fiduciary Duty
A legal obligation for one party to act in the best interest of another when entrusted with care or responsibility over property or decisions.
Elder Abuse
Physical, emotional, or financial harm or neglect towards an older adult, often by caregivers or trusted individuals like guardians or family members.
Estate
All the money and property owned by a particular person, especially at death.
Guardianship
A legal process where a court appoints an individual to make decisions for someone who is unable to make decisions for themselves due to incapacity.
Guardian's Report
A document filed with the court by the guardian detailing the ward's condition, living situation, and the care being provided.
Capacity
In a legal context, refers to a person's ability to understand the nature and consequences of their decisions and to make and communicate these decisions.
Special Needs Trust
A trust designed to provide financial support to a person with disabilities without affecting their eligibility for government assistance programs.
Guardianship Bond
A type of insurance policy that a guardian may be required to purchase to protect the estate of the ward from mismanagement or theft.
Medicaid Estate Recovery
The process by which state Medicaid programs may seek reimbursement from the estates of deceased beneficiaries for long-term care and related costs covered by Medicaid.
Voluntary Guardianship
When an individual, in anticipation of future incapacity, voluntarily petitions for the appointment of a guardian.
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