GUARDIANSHIP AND ALTERNATIVES TO GUARDIANSHIP

Email: eva-smith@ouhsc.edu

Website: soonersuccess.ouhsc.edu

Eva Smith, Region 4 Coordinator

Cleveland, McClain, Stephens, Comanche, Pottawatomie, Seminole Counties

Guardianship or Alternatives: Choosing What Is Best is Highly Individualized

*Alternatives to Guardianship

• Supported Decision Making (least restrictive)

Individual receives guidance and support from family or friends. This is the least restrictive option as it does not affect a person’s rights and uses naturally occurring supports. To be considered when the person has capacity to give informed consent and generally makes good decisions for self. �� National Resource Center for Supported Decision Making

http://www.supporteddecisionmaking.org/

Alternatives (continued)

• Representative Payees (for Social Security)

The designation of another person or organization to receive and manage public benefits on behalf of the individual. To be considered when the person receives benefits and does not have the ability to manage own finances.

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Social Security Administration Representative Payee

https://www.ssa.gov/payee/

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Alternatives (continued)

• Limited Bank Account

Account that restricts access to funds in the bank account, such as requiring two signatures on withdrawals and checks or limiting the amount of funds the person can withdraw. To be considered when person has capacity to give informed consent and has the ability to manage his or her finances, but consistently mismanages it.

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Alternatives (continued)

• Power of Attorney

Legal authorization that transfers one’s rights to make decisions of person and/or property to someone else. Requires the person understands they are authorizing the other person to act on their behalf.

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The person who authorizes can revoke it at any time. �

https://oklaw.org/resource/powers-of-attorney-1

Alternatives (continued)

• Power of Attorney

TYPES:

Durable Power of Attorney (with Health Care Powers Only)

Durable Power of Attorney for Property

Allows individual to name a person or agent to make decisions in these areas. Documents require two witnesses, eighteen years of age or older, who are not named in the individual’s will and not related by blood or marriage to the individual. Must be notarized.

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Alternatives (continued)

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• The Developmental Disabilities Council of Oklahoma hosted an informational webinar on Alternatives to Guardianship
• https://www.youtube.com/watch?v=OpjYUV-OB8s

Guardianship – (Restrictive)

• Legal relationship set up by a judge in a legal process. Person is deemed incapacitated or (partially incapacitated) and a guardian is appointed.

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• Can be “general” allowing guardian to make most major decisions or it may be “limited” giving decision making authority to guardian in only a few areas of the person’s life.

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• Can be designed to fit each person’s needs and still allow the person to make as many choices as possible

Guardianship (continued)

• To be considered if person has the need for programs and services for health and safety, does not have the capacity to give informed consent to them, and there are no less restrictive alternatives to handle these consents.

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• Because guardianship results in the loss of fundamental rights, this option should be considered a last resort after all other less restrictive alternatives have been ruled out.

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Guardianship (continued)

• Requires yearly filing of guardianship report which includes:
• How the individual is doing
• Changes in individuals life and/or financial situation
• What the guardian is doing for the individual

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• It is possible to obtain guardianship without hiring an attorney.

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• A Handbook for Adult Guardians

https://www.okbar.org/wp-content/uploads/2024/02/February-2024-Adult-Guardianship-Handbook.pdf

Questions? Contact …

*Information sources: https://oklaw.org/resource/guardianship-of-an-adult supporteddecionmaking.org https://oklaw.org/resource/powers-of-attorney-1

Presenter is not an attorney and is not and does not provide legal advice.