The purpose of guardianships and conservatorships is to protect aging adults. When an adult becomes unable to care for him or herself due to injury, illness, or old age, a judge may deem it necessary for another person to manage the incapacitated adult’s daily life (a guardian) or financial affairs (a conservator). Sadly, however, it is not uncommon for relatives, friends, or even nursing homes to take advantage of or attempt to exploit these roles. Fortunately, there are a few steps you can take now to protect yourself from becoming a victim of guardianship or conservatorship abuse in the future.
Create Durable Power of Attorney Documents
Without a durable power of attorney, a judge could appoint any competent individual to be your guardian or conservator, even if that person has no relation to you. Durable power of attorney documents allow you to name someone you trust to act as your agent in the event that you become incapacitated and can no longer make decisions for yourself.
A durable power of attorney for finances allows you to name a person to make financial decisions on your behalf. For example, should you become incapable of doing so yourself, your agent will have the authority to sign financial documents, pay bills, and make purchases on your behalf.
Likewise, a durable power of attorney for medical care allows you to designate a person of your choosing to make health decisions for you. Trust is of the utmost importance, as your agent will be able to access medical records, discuss your condition with doctors, make decisions about hospital stays or nursing homes, and grant or withhold permission for treatment and care.
Choose an Agent Wisely
Choosing an agent is not a decision to take lightly. It’s an important job, and you need to be certain that your prospective agent would act in your best interest. Trustworthiness may be one of the most important criteria on the list, but don’t discount good judgment and fiscal responsibility. Avoid anyone with a history of money problems. It is also important that your prospective agent understand the duties he or she would take on and be willing to do the job if necessary.
Err on the Side of Caution
If you have any doubt (or just want to be cautious), your financial power of attorney document can require that your accounts be examined periodically by a third party of your choosing. Such a requirement can help keep your agent accountable. If at any time you feel that the person you chose to serve as your agent is no longer the best choice, you can revoke the original power of attorney and draft a new one to name a new agent.
Terminating an abusive guardianship or conservatorship arrangement can be extremely difficult. The best way to protect yourself and your interests is to plan ahead. Don’t wait to create durable power of attorney documents. And, if you feel that someone you love may be the victim of guardianship or conservatorship abuse, contact our skilled attorneys for expert and compassionate legal guidance.
