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C. Has been informed of confidentiality laws such as HIPAA regulations

D. Has determined decision-making capabilities

* Is able to make own decisions

* Has options in place for decision making assistance where needed

-Signed HIPAA release to hear and see medical information

-Power of Attorney to help with legal and health insurance matters

-Representative Payee to help with social security income and expenses

-Client Advocate to help get services

-Co-Signer to help with banking and obtaining credit

-Guardianship (full, limited, emergency) for individuals over the age of 18 who have been declared “incapacitated” (this term is used in PA)

-- Definition: The legal test to determine whether or not a person is incapacitated in Pennsylvania is an adult whose “ability to receive and evaluate information effectively and communicate decisions in any way is impaired to such a significant extent that he is partially or totally unable to manage his financial resources or meet essential requirements for his physical health and safety”

-- Petition filed by attorney; decision made by judge

-- Individual needing guardianship must be included in proceedings unless they would be harmed by being present

-- Guardianship proceedings should be initiated only if there are no other solutions to address an identified problem

E. Considers the advantages and disadvantages of what it means to be Emancipated

* Definition varies with different agencies—have you asked your agency

* Generally Emancipated Minor means:

-Person is under 21, employable, and no longer under the care and control of parents or legal guardians

-Not claimed as a dependent on another individual’s federal income tax form

-The minor is married, divorced or widowed

-Acceptable Written Proof of Verification of Emancipation

--Marriage License/Income Tax Form/Court Order

F. Other Considerations

* Is able to fill out Income Tax forms or knows who can assist

* Knows about unemployment and how to apply or knows who can assist

Page 14

Appendix C: Financial and Legal Concerns continued with algorithm

*Special Needs Trusts

-Does the child, youth, adult, sibling with special needs have assets over $2000 in their own name? (You, or your child, must meet income, resource, and other eligibility requirements in order to be eligible for Medicaid, SSI, and related programs)

-- NO then will your child inherit anything of value from you or someone else?

-- NO then does your child earn more than the SSI limit?

-- NO then go below to: What needs to be done

-Does the child, youth, adult, sibling with special needs have assets over $2000 in their own name? (You, or your child, must meet income, resource, and other eligibility requirements in order to be eligible for Medicaid, SSI, and related programs)

-- YES then is it a substantial amount?

-- Yes/Maybe then will your child inherit anything of value from you or someone else?

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