Guardianship

For individuals and families looking for more information about Guardianship, please contact the local Arc chapter in your area.  Contact information for the 10 local Arc chapters can be found under "Resources."

In support of Self-determination, states are now exploring alternatives to guardianship and alternate options available to assist an individual with developmental disabilities in making decisions about their lives.  The Center for Self-Determination has published the following articles as resources to individuals and families considering Guardianship.

Re-thinking Guardianship

Guardianship Reform

Colorado Resources

For individuals with developmental disabilities and their families living in Colorado, less-restrictive tools exist that may provide needed medical and/or financial direction for an individual with developmental disability and do not require that the individual relinquish his/her decision-making power. Some of these tools are listed and defined below.

Advance Directives: The name for written instructions you can sign, in advance, about your future medical treatment. Advance directives take effect if you become incapacitated and are unable to speak for yourself or make decisions about your medical treatment.

Living Will: A document, signed while you are competent, that instructs doctors to withdraw or withhold artificial life support if you become medically “terminal.” Living wills only apply to artificial life sustaining procedures.

Power of Attorney: A document, signed while you are competent, appointing someone you name as your “agent” to handle your affairs. There are “general” powers of attorney that convey a broad range of authority and “limited” powers of attorney that convey power over specific activities.

Durable Power of Attorney: A Power of Attorney becomes “durable” when the document indicates the agent's authority does not stop if you become incapacitated. Financial and medical Powers of Attorney can be made durable.

Medical (Durable) Power of Attorney: A type of Power of Attorney that appoints an agent to provide informed consent to surgery, medical treatment, personal care, and other medical or health related matters. A Medical Durable Power of Attorney covers a broader spectrum of medical procedures than a Living Will can do.

Financial (Durable) Power of Attorney: A type of Power of Attorney that appoints an agent to make financial decisions and/or handle financial transactions for you.

Representative Payee: A person designated by the Social Security Administration to receive monthly benefit checks on behalf of a beneficiary when such action appears to be in the beneficiary's best interest. A representative payee is appointed for an adult beneficiary when the beneficiary is physically or mentally incapable of managing his or her own funds.

Special Needs Trust: A trust used to provide supplemental funds for a disabled person without jeopardizing access to government programs.

Limited Bank Account: A bank account that requires a co-signor to access funds, write checks, or transact business.