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Guardianship and Conservatorship

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Incapacitated Person

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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.

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Ward

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A person for whom a guardian has been appointed to manage their personal, financial, and/or medical affairs because of incapacity.

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Annual Accounting

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A requirement for conservators to provide a yearly report of financial transactions and status to the court, showing they are managing the estate properly.

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Guardian ad Litem

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A court-appointed individual who represents the best interests of a child or incapacitated person during court proceedings.

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Probate Court

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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.

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Least Restrictive Environment

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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.

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Public Guardian

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A government-appointed guardian for someone who cannot make their own decisions and has no suitable person to act as a guardian.

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Undue Influence

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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.

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Durable Power of Attorney

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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.

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Conservatorship

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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.

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Fiduciary Duty

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A legal obligation for one party to act in the best interest of another when entrusted with care or responsibility over property or decisions.

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Elder Abuse

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Physical, emotional, or financial harm or neglect towards an older adult, often by caregivers or trusted individuals like guardians or family members.

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Estate

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All the money and property owned by a particular person, especially at death.

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Guardianship

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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.

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Guardian's Report

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A document filed with the court by the guardian detailing the ward's condition, living situation, and the care being provided.

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Capacity

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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.

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Special Needs Trust

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A trust designed to provide financial support to a person with disabilities without affecting their eligibility for government assistance programs.

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Guardianship Bond

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A type of insurance policy that a guardian may be required to purchase to protect the estate of the ward from mismanagement or theft.

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Medicaid Estate Recovery

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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.

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Voluntary Guardianship

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When an individual, in anticipation of future incapacity, voluntarily petitions for the appointment of a guardian.

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