Limitations to guardianship and conservatorship for clinicians (MPC 903a)

An extensive list of possible limitations to guardianship or conservatorship for clinicians.

Limitations to guardianship ­for clinicians

Care of self

• Ms. X has the ability to be responsible for bathing, dressing, toileting, and dental care (with assistance).
• Mr. X has the ability to choose and determine his daily meals.

Medical decision making and management

• Mr. X has the ability to make and communicate decisions about this health care, including the  continuance or withdrawal of life­-sustaining treatment.
• Ms. X has the ability to choose a health or long-­term care facility.
• Mr. X has the ability to choose and direct home health care providers.
• Ms. X has the ability to manage her medications (with assistance).

Home and community life

• Ms. X has the ability to determine her residence/live at home.
• Ms. X has the ability to be responsible for maintaining and cleaning her home (with assistance).
• Mr. X has the ability to be left alone (with time limit).
• Ms. X has the ability to drive with a valid driver’s license.
• Mr. X has the ability to use public transportation independently.
• Ms. X has the ability to make and communicate choices about roommates.
• Mr. X has the ability to select and plan a schedule of daily and leisure activities.
• Ms. X has the ability to vote.
• Ms. X has the ability to smoke at a time and place of her determination, within the law.
• Mr. X has the ability to seek and obtain employment.
• Ms. X has the ability to travel.
• Ms. X  has the ability to determine with whom she has friendships and visitation.
• Mr. X has the ability to determine his degree of participation in religious activities.
• Ms. X has the ability to use the telephone or computer (without supervision).
• Mr. X has the ability to correspond with others and to use mail/e­mail (without supervision).

Limitations to conservatorship for clinicians

Financial decision making and management

• Mr. X has the ability to have and spend $20 of cash per week.
• Ms. X has the ability to manage and use her checkbook (with a monthly limit).
• Mr. X has the ability to plan a budget, including monthly expenditures, and to direct the conservator in expenditures.
• Ms. X has the ability to purchase and give gifts to individuals of her choosing (not to exceed x per month).
• Mr. X has the ability to make gifts or donations to organizations of his choosing (not to exceed x per donation).
• Ms. X has the ability to make decisions concerning purchase or sale of her home. (Her home at YYY Street is not to be sold without prior authorization of the court.)
• Mr. X has the ability to deposit, withdraw, dispose, or invest monetary assets.
• Ms. X has the ability to establish and use credit.
• Mr. X has the ability to pay, settle, prosecute, or contest a claim.
• Ms. X has the ability to enter into a contract, financial commitment, or lease arrangement.
• Mr. X has the ability to continue or participate in the operation of a business.
• Mr. X has the ability to manage his property and investments.