Personal Directive (PD)
What type of decisions are agents allowed to make?
Any personal and legal decisions that are NON-FINANCIAL in nature.
Any decisions related to FINANCIAL and property matters.
What is guardianship?
It is a legal process where a person is appointed to make PERSONAL decisions for another individual who is unable to do so due to incapacity or other reasons.
What is trusteeship?
It is a legal process where a person is appointed to make FINANCIAL decisions for another individual who is unable to do so due to incapacity or other reasons.
Where do I find the information about a resident's agent, attorney, guardian, or trustee?
1.) On the resident's profile on PCC
2.) The face sheet inside the resident's chart
3.) The green sleeve
4.) The care plan
How does a personal directive becomes enacted?
2.) 1 physician and a service provider (can be social worker or another physician) (Schedule 3)
How does an EPOA become enacted?
The instructions to enact the EPOA is stated within the document. Often, it is already active once it is made. Sometimes, an EPOA becomes enacted after 1 or 2 physicians make a written declaration of incapacity.
What is the difference between PRIVATE and PUBLIC guardianship?
Private guardianship is when someone (usually a family member or a friend) applies to become the appointed decision maker for the incapacitated individual.
Public guardianship is when a representative from the OPGT is appointed to act as the decision maker.
Office of the Public Guardian and Trustee
What is supported decision making (SDM)?
When an adult is capable of making decisions, they can appoint a supporter to help them make personal decisions not related to financial matters.
Can family members and close friends who are NOT named in the personal directive ask staff for updates about the resident?
YES! Unless the agent explicitly says no, family members and close friends are able to ask for general updates about the resident according to our Health Information Act policy. However, they cannot provide consent for any treatments or medications.
Can an attorney named in the EPOA provide consent for treatment or vaccines?
NO! Attorneys are only allowed to make FINANCIAL decisions (such as paying for medications that are not covered) and NOT personal decisions.
Who can apply to become a guardian?
Anybody! Any interested party can apply to be someone's guardian if they show proof of no criminal record, pay the application fee, and submit it to the court for approval. This person should prove they know the wishes and values of the incapacitated individual during the application process.
If there is a private trustee, you would call the private trustee named in the care plan or in the resident's profile on PCC.
If there is a PUBLIC trustee, you would call the appointed public trust representative from the OPGT. Usually, it is Bola for the residents at this site. This information can also be found on PCC.
What is co-decision making?
The court will approve a co-decision maker to someone who needs help with making personal decisions. The co-decision-maker and adult work through decisions together – and the adult makes the final decision.
How do agents make decisions for their loved ones?
How does someone make an EPOA?
Unlike a personal directive which is FREE to make, it is highly recommended that someone makes an EPOA through an estate planning lawyer. Again, someone MUST have capacity to make an EPOA.
What is the difference between guardianship and a personal directive?
Any individual WITH capacity can make a personal directive to appoint a decision maker (agent).
Once someone loses capacity and does NOT have a personal directive, then a guardian will need to be appointed to make decisions.
What is the difference between trusteeship and enduring power of attorney?
Any individual WITH capacity can make a power of attorney to appoint a decision maker for finances (attorney).
Once someone loses capacity and does NOT have a EPOA, then a trustee will need to be appointed to make financial decisions.
Can staff act as a witness for the signing of any documents?
NO! Only social workers can act as a witness for signing personal directives. Otherwise, none of the staff are allowed to witness the signing of legal documents such as wills.