Guardianship
Every individual becomes an adult with all adult responsibilities on their 18th birthday. Individuals may vote, sign contracts, get married, make decisions about medical care and be arrested as an adult. The first issue to address for a person with developmental disabilities is “capacity—the ability to make and communicate responsible decisions.” If a family has questions, a doctor may help make this determination.

Guardianship should be considered for a child that has a disability that causes him/her to be unable to manage his/her own life. After the age of 18, without being the guardian, a parent cannot legally make decisions for their son or daughter. It may be necessary for a court to make a legal determination that the person is incapacitated and someone should serve as his/her guardian. While guardianship provides important protection, it is also very restrictive. Basically, it removes all of an individual’s legal rights to manage his/her own life. The guardianship process is complicated. Guardianship determination should be COMPLETE by the time an individual is 18 years old. Allow at least 6 to 8 months for the guardianship process to be completed. 

We recommend attending the FREE series “Guardianship and Alternatives” to learn about what guardianship entails and to answer your questions, such as: What alternatives are available? What are your responsibilities? What does it mean for a person with disabilities? Additionally, all guardianship paperwork, as required by law, will be provided and you will be given step-by-step instructions for completing the forms.
For series information: 
http://www.arcjc.org/gethelp/classestraining/guardianship.html
303-462-6590

Special Needs Trust 
Drafted so funds are not considered “available” so the person with disability does not have legal authority to control how money is spent and has no direct access to the funds. Instead, the Trustee manages the trust and decides how to spend money to meet needs of the person with disability. SSI is for food and shelter so the trust can be used for any supplemental needs such as job supports, clothing, purchase of a home, furniture, transportation, medical/dental, vacations, etc. Once it’s funded it can’t be changed (considered irrevocable) or the money could be considered available. Conservatorship and Financial Guardianship do not protect funds from Medicaid asset consideration.
Financial Issues:
Please note, conservatorship, guardianship, and Power of Attorney
DO NOT protect assets from Medicaid consideration. The legal world has a high capacity threshold for financial decisions and therefore many people with developmental disabilities are not likely to be able to make or communicate financial decisions covered in a General Power of Attorney for Property or a Financial Power of Attorney(new law in 2009).

Medical Issues: 
Medical Durable Power of Attorney
The medical world has a low capacity threshold for a Medical Durable Power of Attorney, which means if a person has the capacity to sign their name, communicate preferences, and is not vulnerable, they can sign a Medical Durable Power of Attorney and HIPAA forms. With the Medical Durable Power of Attorney a person names someone, called an agent, to make health care decisions when they are not able to do so. The POA should be witnessed by independent parties and notarized to have all the protections under Colorado law. Share the POA with doctors and have one available for hospital admissions. A POA trumps Guardianship.
• For information and POA forms: https://cha.com/wp-content/uploads/2017/03/medicaldecisions_2011-02.pdf
Publications -Your Right to Make Health Care Decisions
• OR
www.kaiserpermanente.org Enter in search bar “Colorado Advanced Directives” - Advanced Directives 

Proxy
If a doctor determines that an individual does not have the capacity to make and communicate medical decisions, family members and close friends can select a substitute decision maker—a Proxy. The family and friends must mutually agree on the proxy who then can make decisions about all kinds of personal and medical care, comply with a person’s wishes, or act in that person’s best interest. If the person with a disability or someone else disagrees with the choices, going to court for guardianship may be necessary. When identifying a proxy, the doctor can also appoint a Surrogate Decision- Maker for Health Care Benefits to make informed decisions about Medicaid and/or Medicare benefits. 
• Your Doctor will have Proxy forms.
If a person has a terminal condition, they will want to consider:
• A Living Will, especially if they do not have a Medical Durable Power of Attorney
• A Cardio Pulmonary Resuscitation or CPR Directive or a Do Not Resuscitate or DNR Directive
• Colorado’s new comprehensive form Medical Orders for Scope of Treatment

Learn more here: Long Term Care Options