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Elder Law Minute TM
When is a limited guardianship appropriate?
BY RONALD A. FATOULLAH, ESQ.
AND EVA SCHWECHTER, ESQ.
Guardianship is a process in which
the court appoints a substitute decision
maker for someone deemed incapable
of making decisions for himself.
In some cases, it is clear that a guardian
is needed – for example, if the individual
is suff ering from a severe form
of dementia, is in a vegetative state or
has signifi cant developmental disabilities.
In these situations, a court is not
going to have a diffi cult time determining
that the person is “incapacitated,”
and in most cases the court will appoint
a guardian with broad authority to act
on behalf of the incapacitated person
for both personal and property management
needs.
However, in many cases the alleged
incapacitated person is not completely
incapable of participating in the decision
making process. For instance, a
young adult with developmental disabilities
may be able to hold a job and
live on his own, but he may be too
trusting when it comes to managing
his fi nancial aff airs, which could lead
ELDER LAW
to people taking advantage of him.
Alternately, an aging parent may need
a guardian to make certain health care
related decisions for her, although she
can manage on her own in terms of
housing and socialization needs.
In these cases, a full guardianship
may not be appropriate. Instead, many
judges will appoint a guardian with
limited powers that are specifi cally tailored
to the alleged incapacitated person’s
needs. For example, a court can
appoint a “guardian of the property” to
handle the fi nancial aff airs of someone
who is not capable of handling her own
fi nances, without having any power
to manage health care decision making.
Moreover, even a court-appointed
guardian of the property is not necessarily
granted unlimited fi nancial control.
A judge can limit the guardianship
for a specifi c purpose, for example
to fund a trust or sell a home, without
granting the authority to pay bills for
the individual. Th e options are almost
infi nite, limited only by the needs of the
person under guardianship.
In order to determine the exact
nature of the guardian’s duties and how
one must act as guardian, it is important
to consult the court order. Once
the court appoints the guardian, an
order will be signed detailing the powers
and duties granted to the guardian.
Depending on the terms of the guardianship,
a guardian may need to seek
a further court order for various decisions
not specifi cally allowed in the
original order. A guardian has a fi duciary
duty to act in the best interest
of the ward at all times. Additionally,
a guardian must always keep detailed
records of everything having to do
with assets of the incapacitated person,
including all money spent and all
income received. In a limited guardianship,
it is also important to communicate
with the ward regarding the decision
making process, and to consult
with him to the extent possible.
Full guardianships are important
tools to have available when someone
is completely incapacitated. But when
the lines are not so clear-cut, a limited
or special guardianship helps to protect
an individual and preserve many of
his rights to make decisions on his own,
while enabling a loved one to step in
where necessary to ensure the individual’s
safety. It is important to consult an
elder law attorney to determine whether
a full or limited guardianship may be
appropriate for your loved one.
Ronald A. Fatoullah, Esq. is
the founder of Ronald Fatoullah &
Associates, a law fi rm that concentrates
in elder law, estate planning, Medicaid
planning, guardianships, estate administration,
trusts, wills, and real estate.
Eva Schwechter is an elder law attorney
with the fi rm. Th e law fi rm can
be reached at 718-261-1700, 516-466-
4422, or toll free at 1-877-ELDER-LAW
or 1-877-ESTATES. Mr. Fatoullah is
also a partner advisor with Advice
Period, a wealth management fi rm that
provides a continuum of fi nancial and
investment advice for individuals and
businesses, and he can be reached at
424-256-7273.
RONALD FATOULLAH
ESQ, CELA*
Employment Matters
Do you have a clear vision for 2020?
Dear Readers:
Do you have a clear vision
of how you want your life to
look in 2020 and beyond?
Now is the perfect time to
refl ect on what you achieved
last year and plan what you
would like to accomplish in
2020. Ask yourself – “What
am I most proud of?” “What
projects, certifications or
goals do I want to complete
this year?”
Whether you want to grow your business,
or exercise more frequently, or fi nish
that book, it is important
to have a clear vision of
what you want to accomplish
and what steps you
will need to make it happen.
When you have structured
goals, it is easier to retain
focus on them, even if you
get distracted by the issues
of the day.
To ensure that you accomplish
your goals, it is best if
they are SMART Goals. Ask
yourself the following questions as you
think about your goals for 2020:
• Specifi c (Is my goal clear and
focused?)
• Measurable (Do I know how to track
my progress?)
• Attainable (Is my goal realistic?)
• Relevant (Is my goal worth the eff ort?)
• Time-Bound (What is my intended
deadline?)
One of the fi rst steps to successfully
attain your goals is to write them
down! If you would like to start 2020
with meaningful, achievable goals send
an email to info@aimresourcegroup.
com with the word SMART in the subject
line. If you send me one SMART
goal, I will send you an Action Planning
Worksheet that you can use to track and
measure all of your goals for the year.
Wishing you a bright and successful
2020 with clear vision and laser focus
on what is important to you!
Mindy
Mindy Stern, SPHR, SHRM-SCP,
ACC is a trusted HR advisor, leadership
coach, author, speaker and president
of AIM Resource Group Inc. Visit
the website at www.aimresourcegroup.
com or send an email to info@aimresourcegroup.
com to get RESULTS!
EMPLOYMENT
MATTERS
MINDY STERN
SPHR, SHRM-SCP,
link
link
link
/www.aimresourcegroup
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