Phone: 208.367.0723______E-mail: info@alpidaho.com

guardianship involves decision-making for minors or incapacitated adults who cannot manage their personal or financial needs. A guardian can be appointed to care for a minor or an incapacitated adult, overseeing their well-being, medical decisions, and financial responsibilities. Legal services in these areas include petitioning the court, appointing conservators or guardians, guiding clients through legal processes, ensuring compliance with reporting requirements, and managing any disputes. The overarching goal is to ensure vulnerable individuals receive the necessary care while safeguarding their rights and assets.

TERMS TO KNOW

Power of Attorney

A legal document which gives an agent the power to act on behalf of a principal in financial and other designated matters. The Power of Attorney may be drafted to take effect immediately (Durable) or upon incapacity (Springing).

Durable Power of Attorney for Health Care

The power shall only be effective when the competent person is unable to communicate

rationally. The person granted the Durable Power

of Attorney for Health Care may make the decisions for the person to the same extent that the principal could make such decisions given the capacity to do so.

Informed Judgment

A choice made by a person who has been provided, and who understands that he/she is free to choose or refuse any alternative available, and who clearly indicates or expresses the outcome of his/her choice.

CONSERVATORSHIP

& GUARDIANSHIP

Conservatorship and guardianship planning are legal services designed to help families or individuals prepare for situations where someone may be unable to manage their personal or financial affairs due to age, disability, or incapacitation. A conservatorship is a court-appointed arrangement where a conservator manages the financial and/ or personal care of another person, known as the conservatee, with two primary types: conservator of the estate (financial management) and conservator of the person (personal care). In contrast,

Phone: 208.367.0723 _______E-mail: Info@alpidaho.com

Lacks Capacity to Make Informed

Decisions

The inability, by reason of a developmental disability, to achieve a rudimentary understanding of the purpose, nature, and possible risks and benefits of a decision after conscientious efforts at explanation, but shall not be evidenced by improvident decisions

within the discretion allowed non-developmentally disabled individuals.

Incapacity

Legal incapacity is measured by function limitations; refers to any person who has suffered, is suffering, or is likely to suffer substantial harm due to an inability to manage his/her property or financial affairs.

Conservator

A person appointed, in a manner similar to that of a guardian, to manage the financial affairs of the ward. A conservator manages the ward’s assets and insures the bills are paid.

Guardian

A competent person appointed to manage and

insure that the ward’s medical, food, clothing,

transportation, and shelter needs are met.

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