Overview

"In general, guardianship is defined as a legal relationship between a capable adult-known as a ""guardian""-and a ""ward""-i.e., an individual who, by reason of infancy or legal disability, is unable to care for his or her own personal needs and/or manage his or her financial resources. State laws vary in their terminology. In some states, the person who manages the personal needs of the ward is known as a ""guardian"" whereas the person responsible for managing the ward's financial resources is known as a ""conservator."" In other states, the term ""guardian"" refers to the individual responsible for managing the needs and finances of a minor ward, and the term ""conservator"" refers to the individual responsible for managing the needs and finances of an adult ward. Regardless of the terminology used, guardianships and conservatorships are established to protect a vulnerable person from abuse, neglect and exploitation, and to provide for their personal care and management of their property. This Guardianship, Conservatorship and the Law discusses the appointment of a guardian and a conservator, and their respective duties. The manner in which a court determines incapacity and termination of a guardianship or conservatorship is also examined. This almanac includes coverage of alternatives to guardianship, including advance directives, trust funds, Social Security representative payees, and adult protective services. The Appendix provides applicable statutes, resource directories, and other pertinent information and data. The Glossary contains definitions of many of the terms used throughout the almanac."

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9780195338997

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MARGARET C. JASPER is an attorney engaged in the general practice of law in South Salem, New York, concentrating in the areas of personal injury and entertainment law. Ms. Jasper holds a Juris Doctor degree from Pace University School of Law, White Plains, New York, is a member of the New York and Connecticut bars, and is certified to practice before the United States District Courts for the Southern and Eastern Districts of New York, the United States Court of Appeals for the Second Circuit, and the United States Supreme Court. Ms. Jasper has been appointed to the law guardian panel for the Family Court of the State of New York, is a member of a number of professional organizations and associations, and is a New York State licensed real estate broker operating as Jasper Real Estate, in South Salem, New York. Margaret Jasper maintains a website at http: //www.JasperLawOffice.com. In 2004, Ms. Jasper successfully argued a case before the New York Court of Appeals, which gives mothers of babies who are stillborn due to medical negligence the right to bring a legal action and recover emotional distress damages. This successful appeal overturned a 26-year old New York case precedent, which previously prevented mothers of stillborn babies to sue their negligent medical providers.

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