Financial abuse. Differences of a loved one’s Care Plan. Family Dynamics (conflict). No advanced directives.
These are just a few issues that swirl around families who petition the court for Guardianship. Guardianship is a lengthy, costly process that may further damage family relationships and negatively affect the Alleged Incapacitated Person. Guardianship of the Person involves making health care decisions. If there is no health care proxy and the person is incapacitated and cannot make medical decisions, they would need a guardian. The simple solution is to have a Health Care Proxy and an alternate who know your wishes. These people should be able to make the difficult decisions which sometimes come at the end of life.
By having a Power of Attorney you can also avoid guardianship. There can be two people as POAs who can either act together or alone. They can handle your finances and property if you are unable to do so. Unless a person who is the Power of Attorney is not acting on behalf of the person’s wishes and/or there is financial abuse, there is no need for Guardianship of the Property.
Both Health Care Proxies and Powers of Attorney should be executed by an Elder Law Attorney or Trusts and Estates Attorney.
If a family is in eternal conflict, then Guardianship may be the answer. However, there are many professionals who may be able to help first. Certified mediators and/or Care Managers have the expertise to have the family work out their differences in the best interest of their loved one. Guardianship should be the last resort.
