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process of a guardian. Once the court pro-ceeding
is complete, the GAL’s job is over.
All persons alleged to be incapacitated
or partially incapacitated have rights
which include being in attendance at
their hearing; calling for witnesses and
cross-examining them; presenting evi-dence;
submitting appeals; court-appointed
representation and request-ing
their hearing to be closed to the
public.
Guardianship is the result of legal pro-ceedings
and should be “the option of last
resort. Every major disabilities advocacy
group has adopted this philosophy as have
we at the Oklahoma Department of Hu-man
Services Developmental Disabilities
Services Division.”
-DHS, 2005 & Interface, 2007
A court-appointed general guardian
oversees the person and/or all of their
property and assets. A limited guardian
is authorized by the court to exercise
specific and limited control over the per-son,
their property and assets.
A guardian of an incapacitated person
is appointed by the court to assure the
essential requirements for the health and
safety of the ward are met and/or manage
their financial resources.
A guardian ad litem (GAL) is appointed
by the court to assist in the selection
Regarding GUARDIANSHIP
Oklahoma Developmental Disabilities Council
Partners in Policymaking
2012 winter
SPECIAL NEEDS TRUSTS:
Protecting Assets & Benefits
Breaking News: You are going to die. And
when you do, your loved ones should feel
they still have financial security.
Money in a special-needs trust (also
known as supplemental needs trust) can
be used for expenses before or after a care-taker’s
death and are not counted toward
the $2,000 asset limit set by Medicaid and
Social Security. Anyone can deposit funds
into this sort of trust and not jeopardize
government benefits.
Before investing life insurance and retire-ment
benefits into a family member’s spe-cial
needs trust, consult with a tax attor-ney.
inspire action & vision
A well-structured trust relieves govern-ment
aid recipients, their parents and
siblings of several “what if” questions.
A special needs fund often has both a
guardian and a trustee. If a family mem-ber
needs assistance making financial
decisions, the guardian partners with
them articulating the person’s needs and
desires. Management of the trust falls
to the trustee and people with profes-sional
accountancy and financial man-agement
experience should be selected.
Adapted from “Making Sure the Kids Are All Right” by
Veronica Dagher, Apostrophe, Summer 2011.
Also…
Letter of Intent:
Outlines long-term
needs and wishes of
person with per-spective
from family
Provides relevant
medical and finan-cial
information
Provides access to
records
YOU...AT A
FUTURE DATE.
CAAVA
Court Appointed
Advocates for
Vulnerable Adults
of Oklahoma
caava.org
Object Description
Description
| Title | Partners Policymaking 2012_winter 1 |
| Full text | process of a guardian. Once the court pro-ceeding is complete, the GAL’s job is over. All persons alleged to be incapacitated or partially incapacitated have rights which include being in attendance at their hearing; calling for witnesses and cross-examining them; presenting evi-dence; submitting appeals; court-appointed representation and request-ing their hearing to be closed to the public. Guardianship is the result of legal pro-ceedings and should be “the option of last resort. Every major disabilities advocacy group has adopted this philosophy as have we at the Oklahoma Department of Hu-man Services Developmental Disabilities Services Division.” -DHS, 2005 & Interface, 2007 A court-appointed general guardian oversees the person and/or all of their property and assets. A limited guardian is authorized by the court to exercise specific and limited control over the per-son, their property and assets. A guardian of an incapacitated person is appointed by the court to assure the essential requirements for the health and safety of the ward are met and/or manage their financial resources. A guardian ad litem (GAL) is appointed by the court to assist in the selection Regarding GUARDIANSHIP Oklahoma Developmental Disabilities Council Partners in Policymaking 2012 winter SPECIAL NEEDS TRUSTS: Protecting Assets & Benefits Breaking News: You are going to die. And when you do, your loved ones should feel they still have financial security. Money in a special-needs trust (also known as supplemental needs trust) can be used for expenses before or after a care-taker’s death and are not counted toward the $2,000 asset limit set by Medicaid and Social Security. Anyone can deposit funds into this sort of trust and not jeopardize government benefits. Before investing life insurance and retire-ment benefits into a family member’s spe-cial needs trust, consult with a tax attor-ney. inspire action & vision A well-structured trust relieves govern-ment aid recipients, their parents and siblings of several “what if” questions. A special needs fund often has both a guardian and a trustee. If a family mem-ber needs assistance making financial decisions, the guardian partners with them articulating the person’s needs and desires. Management of the trust falls to the trustee and people with profes-sional accountancy and financial man-agement experience should be selected. Adapted from “Making Sure the Kids Are All Right” by Veronica Dagher, Apostrophe, Summer 2011. Also… Letter of Intent: Outlines long-term needs and wishes of person with per-spective from family Provides relevant medical and finan-cial information Provides access to records YOU...AT A FUTURE DATE. CAAVA Court Appointed Advocates for Vulnerable Adults of Oklahoma caava.org |
| Date created | 2012-08-06 |
| Date modified | 2012-08-06 |
