Midterm Flashcards
What is required to have a valid Healthcare Proxy?
2 witnesses, no notary, should be done in one sitting
What is required to have a valid Power of Attorney?
2 witnesses, notarized, should be done in one sitting
What is a Power of Attorney?
A document, in writing, in which the principal grants the power to another person (Agent) to handle financial decisions on behalf of the principal.
What is a Healthcare Proxy?
Allows someone to appoint someone they trust to make health care decisions for you if you lose the ability to make decisions yourself.
When does a Healthcare Proxy become effective? How long does it last?
It becomes effective when you are no longer able to make decisions for yourself. It lasts until you die or if you get better and you no longer have to use it.
When does a Power of Attorney become effective? How long does it last?
It becomes effective immediately. It lasts until you die.
Can a Healthcare proxy be modified or revoked?
Yes, as long as the principal is mentally capacitated. It can be revoked in the event of a divorce.
Can a Power of Attorney be modified or revoked?
It will be revoked when you die or can also be revoked when you get divorced.
What is a Basic Power of Attorney?
The standard power of attorney is not specific. Deals with real estate transactions also limit gifts to $5,000 a year for the agent.
What is the difference between a Basic POA and an Elder Law POA?
An elder law POA has more powers and modifications. It deals with elder care planning, unlimited gifts to the agents, moving assets, and Medicare planning.
Other than the person who the Healthcare Proxy is made for, who should be given an original or at least a copy of it?
The agents should receive a copy as well as any doctors the principal uses.
What qualities should an agent in a Power of Attorney have?
They must be trustworthy and Diligent and have the principal’s best interest as their number one responsibility.
In what way and why can a Guardianship Proceeding be avoided if an Incapacitated Person has a Health Care Proxy & a Power of Attorney
It can be avoided because there will be modifications and powers that determine who will take care of this person and what will happen to them in the future.
What is a Guardianship Proceeding, what is its purpose and where is it commenced?
If a petitioner feels a person is incapacitated, they will fill out a petition for guardianship. It is commenced in the state court of where the alleged incapacitated person resides.
What are the basic documents that commence the guardianship proceeding?
A verified petition and an OTSC (order to show cause)
What is the title given to the person who brings the proceeding?
Petitioner
Who are the other key players in a Guardianship proceeding?
Court evaluator, alleged incapacitated person, attorneys for both sides
What is the role of the Court Evaluator and what are the things that they have to do to do their job effectively? What are the Court Evaluator’s duties?
They determine the status of the AIP by assessing their well-being, and finances, they do visits to the AIP, their living conditions, and contact their relatives.
What are the rights of the AIP?
Their right to counsel, their right to be present at the proceeding, the right to appeal the decision, the right to request jury trial, and the right to testify and call witnesses.
What is the role of the AIP’s attorney and how does it differ from the role of the Court Evaluator?
The attorney will advocate for AIP and the court evaluator will assess and report their findings back to the court.
Once a petition is filed, is it a certainty that the Court will appoint a guardian?
No
If a Guardian is appointed, what are the 2 basic types of Guardians that the Court will appoint? What are the powers that the Guardians may be granted?
Guardian of Personal Care and Property, and Guardian of Mental Hygiene
What type of insurance does a Guardian of Property need to obtain? What is it called? What is its purpose?
Bond or Fiduciary bond. It will guarantee the guardian is not stealing or cheating any money.
What are the responsibilities of a Guardian and how does the court review the Guardian’s work and activities in order to maintain control over the Guardian and make certain that the guardian is fulfilling their responsibilities?
The guardian must file an initial report within 90 days of the petition being filed. They also must file an annual report every year. The guardian must visit the alleged incapacitated person at least 4 times a year.
