Font size:
General Information About Powers of Attorney, Protective Payees, Representative Payees, Conservators, and Guardians
Most people are able to care for themselves and their property throughout their lives. Some may need or desire occasional assistance. For a few individuals, ongoing physical or mental health conditions may necessitate the appointment of someone to take complete control of their personal care and property. Several options for substitute financial planning and decision making are available. Brief descriptions of some of the options are provided below. An attorney should be consulted to help determine the least restrictive options appropriate for an individual's needs or the needs of a loved one.
Community Support Services
Many communities offer support services for persons who need assistance with care of their person or property. Accessing community services does not require court action. Only consent of the person needing assistance is recommended. Utilization of community support services is one of the least restrictive means of obtaining assistance for someone. These services may include volunteers, or paid bookkeeping services to assist people with paying bills, balancing their checkbooks, etc.
Power of Attorney
A power of attorney is a document authorizing another to act on one's behalf. The person who grants power of attorney is bound by the actions of the individual who acts under that power.
Powers of attorney can be either limited or general. A limited power of attorney may be desirable when the duration or the specific power of the need for assistance is known (such as medical decisions during anticipated hospital stay, long vacation). A general power of attorney may perform all of the decisions and actions made by an individual. Unless a durable power of attorney is in effect, the power of attorney is terminated according to a predetermined date or event, by the grantor's revocation of the power, or by death, disability, or incompetence of the person giving the power.
The power of attorney is one of the least restrictive legal actions a person can make. Only consent of the person needing assistance is required.
Protective Payee
A protective payee is an individual assigned to manage public assistance payments on behalf of a recipient who is unable to manage the assistance money without help. Protective payees are appointed by the Department of Social Services. Establishing a protective payee does not require court action. Consent of the client is desirable but not required.
Representative Payee
A representative payee is a person appointed by the Social Security Administration to receive and manage Social Security benefits on behalf of a beneficiary who is unable to manage the benefits him or herself. Establishing a representative payee does not require court action. Consent of the client is desirable but not required.
Conservators
A conservator is an individual or corporation appointed to manage property, finances, and business affairs of someone who is unable to do so for him or herself. The duties of a conservatorship do not include the personal well-being of the client. A conservator is appointed on the basis of a court decision. The client's consent is not required. A conservatorship is a considerable restriction on an individual's freedom and should be approached with caution.
Guardians
A guardian may be appointed by the courts to provide for the personal well-being of an individual who is not able to care for him or herself. The responsibilities of a guardian do not include management of the ward's property, financial, or business affairs.
Several types of guardianships exist:
This is the last issue in this series of Family Ties. We hope that this newsletter has provided practical information which has supported you in your role as a caregiver. You are providing a valuable service not only to your loved one, but to society. The LIFE (Lincoln Information For the Elderly) staff is committed to assisting you in this role. We offer information and referral in addition to case management services. Written by the Lincoln Life Office
Posted July 22nd, 2007
Community Support Services
Many communities offer support services for persons who need assistance with care of their person or property. Accessing community services does not require court action. Only consent of the person needing assistance is recommended. Utilization of community support services is one of the least restrictive means of obtaining assistance for someone. These services may include volunteers, or paid bookkeeping services to assist people with paying bills, balancing their checkbooks, etc.
Power of Attorney
A power of attorney is a document authorizing another to act on one's behalf. The person who grants power of attorney is bound by the actions of the individual who acts under that power.
Powers of attorney can be either limited or general. A limited power of attorney may be desirable when the duration or the specific power of the need for assistance is known (such as medical decisions during anticipated hospital stay, long vacation). A general power of attorney may perform all of the decisions and actions made by an individual. Unless a durable power of attorney is in effect, the power of attorney is terminated according to a predetermined date or event, by the grantor's revocation of the power, or by death, disability, or incompetence of the person giving the power.
The power of attorney is one of the least restrictive legal actions a person can make. Only consent of the person needing assistance is required.
Protective Payee
A protective payee is an individual assigned to manage public assistance payments on behalf of a recipient who is unable to manage the assistance money without help. Protective payees are appointed by the Department of Social Services. Establishing a protective payee does not require court action. Consent of the client is desirable but not required.
Representative Payee
A representative payee is a person appointed by the Social Security Administration to receive and manage Social Security benefits on behalf of a beneficiary who is unable to manage the benefits him or herself. Establishing a representative payee does not require court action. Consent of the client is desirable but not required.
Conservators
A conservator is an individual or corporation appointed to manage property, finances, and business affairs of someone who is unable to do so for him or herself. The duties of a conservatorship do not include the personal well-being of the client. A conservator is appointed on the basis of a court decision. The client's consent is not required. A conservatorship is a considerable restriction on an individual's freedom and should be approached with caution.
Guardians
A guardian may be appointed by the courts to provide for the personal well-being of an individual who is not able to care for him or herself. The responsibilities of a guardian do not include management of the ward's property, financial, or business affairs.
Several types of guardianships exist:
- Full or "Plenary" Guardian: responsible for the total personal care of an incapacitated person
- Limited Guardian: responsible for a limited number of specified personal needs, allowing the ward to retain some personal control
- Temporary Guardian: individual or the court itself, appointed to care for an incapacitated person's well-being until a permanent guardian is appointed (temporary guardianship is no more than six months)
- Testamentary Guardian: appointed in the will of an incapacitated person's parent or spouse
- Guardian ad litem: an attorney representing the individual, or "ward"
This is the last issue in this series of Family Ties. We hope that this newsletter has provided practical information which has supported you in your role as a caregiver. You are providing a valuable service not only to your loved one, but to society. The LIFE (Lincoln Information For the Elderly) staff is committed to assisting you in this role. We offer information and referral in addition to case management services. Written by the Lincoln Life Office
