Going through the legal guardianship process is only required if the adult in question does not already have other legal documents completed.  If they have both an “advance heath care directive” (i.e. living will) and a “durable power of attorney for finances,” guardianship may not be required.  Guardianship should be considered as a last resort that is only requested if all other legal options have been exhausted. If the adult in question is not yet at the point where they are incapable of making their own decisions, it is still possible to obtain these legal documents in order to prepare for a future when they may become incapacitated.  Preparing these types of documents well in advance is the easiest and fastest way to ensure the adult receives the support their require when the time comes. A power of attorney (POA), in general, is a legal document that appoints one or more people (or institution) with the ability to make decisions regarding the adult's affairs.  A POA for property or finances appoints someone to make decisions regarding the adult’s financial assets or property.  A POA for health care appoints someone to make decisions regarding the adult’s medical treatment. There are different kinds of POA, including:   General POA — Provides specific people with the authority to manage all items (either financial or health care related, unless otherwise excluded) for a specified period of time.  This type of POA ends if the adult in question becomes incapacitated, and does not imply that the adult is incapable of managing their own affairs.  Specific POA — Provides specific people with the authority to manage specific items until a specified date, or until the specific items are finished.  An example of a specific POA might be to give someone authority to sign real estate documents for the sale of a property because the owner isn’t able to do so in person.  Durable POA — Is the same as a general POA, except that it allows the POA to continue if the adult becomes incapacitated.  This type of POA has to specify that it is durable, otherwise it is considered general.  Springing POA — Provides specific people with the authority to manage specific items at some future point in time.  For example, this type of POA may indicate that it comes into effect if the adult becomes incapacitated, or if they are out of the country. A living will, or an advance health care directive, is a legal document that outlines how a person’s “end-of-life” decisions should be handled.  It is written in advance of those decisions needing to be made, and it is written by the actual person it is for.  It provides that person with a voice when they may not be able to speak for themselves (i.e. unconscious).  A living will would only come into effect if the adult is unable to make the decisions directly. A living will can be paired with a POA for health care, if required.  Or it can outline some of the same responsibilities as a POA. A living will can name one or more people to oversee the adult’s health care and allow those people to make decisions that are not explicitly outlined in the living will. A living will often includes details on resuscitation and whether that adult wants any extreme measures to be taken should vital signs be lost. A joint bank account is one that is “owned” by more than one person.  A joint bank account can be an “either-or” situation or an “and” situation.  An “either-or” situation is one where either of the account owners can do as they please with the account, they do not require the ‘permission’ of the other owner.  An “and” situation is where both owners of the account must approve some or all transactions from the account.  If a bank account (or other bank products) are joint, and either owner can use the bank account on their own, then a separate POA is not required for that joint owner to access the account.  If one of the joint owners of a bank account passes away, the other owner becomes the sole owner of the account and its assets. If a bank account (or other bank products) are joint, but they require both owner’s approval to conduct transactions, a POA would be required to give permission to one owner to use the account without the approval of the other owner. A revocable living trust is essentially a will that can be used while the adult is still alive.  It allows the estate to circumvent probate and allows the adult to have control over the assets for as long as they want.  The primary trustee starts out as the original owner of the assets and is only transferred to one or more secondary trustees when certain criteria are met.  Trusts are very flexible and allow the owner a lot of control over where assets go and how they are used.  For example, a trust can outline that a specific individual who inherits funds can only use those funds for specific purposes. Trusts are not public, unlike wills.  Therefore whatever is written in a trust is confidential and will only be shared with certain individuals. Probate is a legal process all estates must go through, if no trust exists.  Probate can be expensive and take a long time.  In addition to the trust existing, all assets within the trust must be owned by trust (as opposed to specific individuals). Living trusts can be revoked or changed at any time by the primary trustee or owner — just like a will. A representative or substitute payee is only required if the adult in question receives funds from the Social Security Administration (SSA) of the United States.  This payee is responsible to handle the payments from SS to the incapacitated individual.  The payee is also responsible to handle the disbursement of these payments on behalf of the incapacitated individual.  If a representative payee already exists, that person is responsible to ensure the SS payments go to pay for the individual’s needs. If a representative payee does not exist, you can apply to the SSA to become a payee.  The SSA will conduct an investigation and will interview you before making a final decision.
حدد الوثائق القانونية المتاحة. افهم ماهية الوكالة الرسمية. اقرأ تفاصيل وصية الحياة. راجع ما إن كانت الحسابات البنكية مشتركة أم لا. اكتشف ما إن كانت وثائق الائتمان على الحياة قابلة للإلغاء. اكتشف ما إن كان هنالك بالفعل وكيلًا أو مستفيدًا بديلًا.