Overview on Guardianship

Power of Attorney
Department of Human Services Custody and how decision making is handled
Difference between Children’s/Adult’s GAL
Overview of Counsel for Youth
Court appointed guardianship
New HCPF Terms

Power of Attorney

Limited to decisions as specified by the Power of Attorney (POA) form
Financial Durable POA
Medical Durable POA
Durable POA
Limited POA
Special POA

Guardianship

Court appointed
Substitute Decision Making
Guardianship removes the individuals’ right to make their own decisions
Decisions are to be in the person’s best interest, not the guardian’s
Guardianship paper should be readily available

Guardianship Scope

Areas of decision making can include the following

Arrange care and protection
Decide living arrangements
Arrange food, clothing, personal care items, spiritual needs, housekeeping, transportation, and recreation
Arrange for health care
Maintain contact, encourage decision making
Applications for public benefits and manage finances (if there is no conservator)

Department of Human Services Involvement

Department of Human services (DHS) Involvement

Open Assessment
Dependency and Neglect Case (D&N)
Youth in Conflict (YIC)

DHS Custody

Parents rights intact
Parents rights terminated
Court order

Children’s GAL

Assigned by the court in all dependency and neglect cases, can be assigned for a delinquency case
Advocates for the child’s/youth’s best interests
Can influence or recommend school, medical, and other services
No decision-making authority

Adult GAL

Assigned by the court for individuals with disabilities
Advocates for an individual’s best interest as well as what the individual wants
Helps understand the court case/process
Assigned and present for the initial court case, may not continue for the entirety of the case
No decision-making authority

Counsel for Youth

Will be assigned when youth turns 12
Responsible for helping a youth make appropriate legal decisions during the court case
Can take the place of a GAL but may also be added to the case with the GAL remaining
No decision-making authority

New HCPF Terms

Legally Authorized Representative

“Legally Authorized Representative means a person with legal authority to represent an individual in a particular matter. Such a person may be:

a. the Parent of a minor;
b. the court-appointed Guardian of an individual, only with respect to matters within the scope of, and in the manner authorized by, the guardianship order; or
c. anyone granted authority pursuant to any other type of court order or voluntary appointment or designation (e.g., conservator, agent under power of attorney, member of a supportive community in connection with a supported decision-making agreement, Long-Term Services and Supports Representative under Section 8.7001.A.8, or Authorized Representative under Sections 8.7515 or 8.7528), only with respect to matters within the scope of, and in the manner authorized by, the court order or voluntary appointment or designation.

In situations arising under subsections b and c, the applicable court order or voluntary appointment or designation must be consulted to determine whether it is still in effect, and to ensure the appointed or designated person exercises only those powers it specifically grants”

10 CCR 2505-10 8.7001.A.7

Legally Responsible Person & Family Member

HCPF is defining this as “any person who has a ‘legal responsibility’ to care for another person, such as a parent or guardian of a minor child or the member’s spouse.”

HCPF is defining a family member as “any person related to the member by blood, marriage, adoption, or common law as determined by the court of law.”

Links

Guardianship for Adults
Guardianship for Minors
Guardian and Conservator Forms
Transition Guide by Life Stage

Guardianship Resources