Guardianships and Conservatorships: The Pros and Cons скачать в хорошем качестве

Guardianships and Conservatorships: The Pros and Cons

Get together with like-minded individuals in our Impactful Inheritance community to discuss planning, preservation, and protection of wealth. Join our community today and start making a difference for future generations. 30 day free trial at the following link: https://www.impactfulinheritance.com/... -- Brittney Spears legal battle thrust guardianships or conservatorships in the spotlight. Abusive conservatorships can be a nightmare. Here is how guardianships or conservatorships typically work - rules can vary by state: Someone (the potential guardian) sees that, due to another individual’s (call that person the defendant) lack of capacity to make responsible decisions, files a petition desiring to have a judge rule that the defendant: Does not have capacity, and a Guardian be appointed. A Petition is served on the defendant. Defendant is represented by an attorney - either the attorney of their choosing or if they don’t hire an attorney, a judge will appoint an attorney for the defendant. The defendant answers the petition. Medical examinations and review of medical records Court hearing takes place. A Judge rules - defendant has capacity and no guardian needed. Or, defendant lacks capacity to make their own decisions and guardian is appointed. Because the effect of a guardianship is to take away someone’s ability to make decisions for themselves, it’s a big deal. When handled well - it is beneficial for families. A guardianship can prevent someone without a certain baseline of capacity from making decisions that harm themselves. And if the right guardian is appointed, then the decisions that the guardians make - whether they are financial or health care, or other life decisions, allow the individual to have quality of life. When problems arise - Guardians are overstepping their bounds because, in many circumstances, the guardian is trying to gain a financial advantage by being the guardian, or in extreme cases, the guardian is looking to extort money from the defendant. And when their is abuse, it is difficult to remedy because the defendant is often old and the defendant does not have the fight in them to defend themselves in the guardianship. Intent is to protect the money and property of people who truly cannot make decisions that are in their best interest. Problem - the result of the way our guardianship laws are structured often result in greater harm than to the people the laws were intended to protect. Improvements: Bonding requirements or guardians or conservators Training for guardians or conservators Greater penalties for those who take advantage of the vulnerable Increased review of guardian annual accounting reports, or more review of the guardian or conservator’s actions Many POA docs allow you to designate who you want to be your legal guardian in the event you are determined to be legally incompentent by a judge in a court process