A37:       Yes.  There are several different ways you may be able to help your protected person without seeking a guardianship or in addition to a guardianship.  These options include:

• Representative Payee:  if your protected person is eligible for Social Security or Supplemental Security Income, a person can be appointed by the Social Security Administration to receive and manage those benefits if the protected person is unable to manage the funds independently.
• Advance Directives:  if a person is still competent, they can inform others of what choices they would like to be made if they later become incapacitated.
  • A Living Will is a written statement describing the type of care a person wishes to receive if they have a terminal illness or are in a persistent vegetative state.  A Living Will can be revoked at any time regardless of mental or physical condition. 
  • A Medical Directive is a list of medical procedures that a person may indicate they do or do not want and is often a part of a living will or health care power of attorney.
• Power of Attorneys: these document allow one person or people to act on another’s behalf.  The person creating the document (the principal) grants power to act to the agent (or attorney-in-fact).  Pre-planning is vital when considering a Power of Attorney.  The decision and document must be executed before the principal is in need of assistance in decision making.  A Power of Attorney is not a viable alternative to guardianship once a person has become incapacitated.  A Power of Attorney can be revoked or modified at any time so long as the principal is competent.
  • A Health Care Power of Attorney is a durable power of attorney that authorizes an agent to make health care decisions on the principal’s behalf.  It can be revoked at any time as long as the principal is competent. 
  • Non-Durable Power of Attorney automatically terminates if the principal dies or becomes incapacitated.  Durable Power of Attorney lasts beyond incapacity.  In Nebraska, Power of Attorney is durable by default, unless it expressly provides that it will be terminated by incapacity.

Please see our list of Agency References for more information.