Guardians use substituted judgment as their first decision-making tool to act as the incapacitated person would if they still had capacity. If the guardian cannot determine what decision the incapacitated person would have made, then the decision is based upon the best interest of the incapacitated person.
A guardian of the person makes decisions about the physical well-being, health care, and living arrangements of the incapacitated person. A guardian of the estate protects a person's assets while paying bills, managing property, and investing prudently. The guardian can apply for and manage benefits that the incapacitated person may be eligible for, including Medicaid, Supplemental Security Income, Veterans Affairs benefits, and Social Security Disability.
CBFS serves the needs of our incapacitated clients in many different ways. We serve as guardians of the person and/or estate, trustee of private and court-monitored trusts such as special needs trusts, and as attorney-in-fact under powers of attorney for individuals who require a less restrictive alternative for their personal and financial arrangements.
How is a Guardianship appointed? Learn more...
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