When an individual is unable to make appropriate and rational decisions for themselves, a guardian or conservator may be appointed for them. Guardians are charged with making decisions for an older adult’s well-being, while conservators make financial decisions on their behalf.
More often than not, those appointed as guardians and conservators will be family members of the “ward,” which is the term used to describe a person for whom a guardian or conservator is appointed.. These familial bonds can lead the ward and other family members to assume the conservator or guardian will act in the ward’s best interest, but the truth is that conservatorship or guardianship abuse can happen to anyone, regardless of sex, religion, race, or financial status.
When estate planning, older adults can take steps now to decrease the chances of becoming a victim of physical or financial abuse. To ensure you are never taken advantage of, you should create a plan for your future.
Make a Long-Term Healthcare Plan
When crafting a long-term healthcare plan, you should sign legal documents that explicitly state who should be appointed to take care of you in the event that you cannot take care of yourself. Naming one or two people in advance (so one can serve if the other cannot) reduces the risk of someone who you do not trust being appointed by the court.
Build an Estate Plan
A trust is only as reliable and efficient as its trustee. Deciding whether to hire a 3rd party professional trustee or appoint a family member can be a difficult choice. Family members might have intimate knowledge of you and your spending habits, but professionals will likely have better budgeting and investment knowledge and are usually better-vetted. One might utilize a co-trusteeship, appointing both a family member and a professional trustee to get the best combined knowledge and experience. Co-trustees can also be required to hold each other accountable, and thus provide more oversight than a single trustee.
Keep in Contact With Family Members and Friends
The more regular communication older adults have with friends and family members, the less likely they are to fall victim to financial abuse. Regular communication can alert those close to you that something is wrong, even before you know it yourself. For this reason, it is wise to create a system of people around you that will consistently check in.
Keep Your Eyes Open
If you have a friend or family member who has a guardian or conservator in place, watch out for signs of abuse: disinterest in previously enjoyed activities, unkempt appearance, trouble sleeping, weight loss, withdrawal, aggression, nervousness, unexplained bruising or bedsores, unclean living space, or unpaid bills. (If you or someone you know has been a victim of elder fraud, call the National Elder Fraud Hotline: 833.FRAUD.11 or 833.372.8311).
Hire An Attorney to Protect Against Guardianship or Conservatorship Abuse
Speak with an attorney who is experienced in elder law so they can help you navigate the process and ensure that the court will appoint an appropriate guardian or conservator, should you need one. Predators can more easily persuade a judge to appoint them if an older adult has no plan in place.
Premier Estate Litigators for Protection Against Conservatorship or Guardianship Abuse
If you find yourself facing an abusive conservatorship or guardianship, Gaslowitz Frankel LLC are experts in estate litigation.
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Gaslowitz Frankel LLC is the Southeast’s premier fiduciary litigation law firm. Our legal team specializes in all aspects of fiduciary disputes with over 30 years of experience representing individuals, executors, trustees, and more in complex fiduciary disputes involving wills, estates, and trusts.
