Terms to know
A legal proceeding which appoints a competent person to manage the financial affairs of another person.
Delegated Substitute Decision Making
Empowering self-determination through the effective use of Power of Attorney, Durable Power of Attorney, Springing Power of Attorney, and Durable Power of Attorney for Health Care when an individual is able to under informed consent.
A legal court proceeding which appoints a competent person as Guardian to manage and make provision for a person’s medical, food, clothing, transportation, and shelter, etc., excluding finances.
Social Security Disability Representation
C.K. Quade Law, PLLC offers case evaluation, consultation, and Representation of Claimants who have been denied disability benefits by the Social Security Administration. Legal services include disability claim development and representation, cessation of benefits, and disability overpayment matters.
Special Needs Trusts
Established with the resources of the Beneficiary or the spouse of a person with disability. Any trusts assets remaining at the time of the Beneficiary’s death are subject to recapture provisions related to governmental programs.
Supplemental Needs Trusts
May be established and funded by a third party and contain restrictive language to ensure that the resources are not considered “available resources” under the eligibility criteria for governmental programs. Designed to provide additional funds to enhance the quality of life of a family member or friend with a disability under the age of 65 and not living in a nursing home. Any resources remaining upon the death of the beneficiary are distributed according to the terms of the trust to other beneficiaries.
Process allows a person with a disability to place people around them who will help them understand, make, and communicate their own choices. When using supported decision-making, the person can execute power of attorney documents or a supported decision making agreement allowing their chosen agents, friends or family to assist and support them in their decision-making.