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Guardianship AlternativesBecause guardianship involves a profound loss of freedom and dignity, the law requires that guardianship be imposed only when less restrictive alternatives have been tried and proven to be ineffective. Less restrictive alternatives that should be considered before pursuing guardianship include: Power of AttorneyA power of attorney is the grant of legal rights and powers by a person (the principal) to another (the agent). The agent, in effect, stands in the shoes of the principal and acts for him or her on financial, business or other matters. In most cases, even when the power of attorney is immediately effective, the principal does not intend for it to be used unless and until he or she becomes incapacitated. Representative or Protective PayeeThis is a person appointed to manage Social Security, Veterans’ Administration, Railroad Retirement, Welfare or other state or federal benefits or entitlement program payments on behalf of an individual. Revocable TrustA revocable or "living" trust can be set up to hold an older person’s assets, with a relative, friend or financial institution serving as trustee. Alternatively, the older person can be a co-trustee of the trust with another individual who will take over the duties of trustee should the older person become incapacitated. |
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