This presentation explores the critical distinctions between guardianship and power of attorney in Pennsylvania, emphasizing the importance of decision-making options for individuals, especially those with disabilities. Nora Gieg Chatha, Esq., an estate and trust planning attorney, discusses the legal frameworks, the implications of incapacity, and the necessity of proactive planning for families. The discussion highlights the roles of various legal instruments, the significance of capacity assessments, and the responsibilities of guardians and agents. This conversation delves into the complexities of guardianship, the importance of supported decision-making, and the legal frameworks surrounding powers of attorney. Nora discusses the challenges faced by guardians, the necessity of understanding capacity, and the critical role of fiduciaries in decision-making processes. She emphasizes the need for proper execution of legal documents in the guardianship process, providing practical advice for families navigating these issues.
Access the slides from this presentation here: https://drive.google.com/file/d/12YSRdHPa5aLzP61Di2mrimbf3v2SFYuD/view?usp=drive_link
Chapters
00:00 Introduction to Guardianship and Power of Attorney
03:10 Understanding Decision-Making Options
05:59 Power of Attorney Explained
08:50 Guardianship: When Power of Attorney is Not Enough
12:12 Statutory Decision Makers and Their Limitations
15:00 Capacity and the Transition to Adulthood
17:51 Navigating Capacity and Decision-Making
21:04 The Role of Guardianship in Estate Planning
23:48 Practical Considerations for Guardianship
27:04 Conclusion and Future Planning
32:32 Navigating Guardianship Challenges
36:01 Understanding Supported Decision-Making
39:51 The Role of Guardianship in Decision-Making
43:37 Choosing the Right Fiduciaries
46:54 Execution Requirements for Powers of Attorney
49:30 The Guardianship Process and Legal Considerations
52:15 Practical Advice for Families Seeking Guardianship
57:05 Addressing Parental Concerns about Guardianship