It is Better to Avoid a Guardianship. Period.

What about when folks are unable to care for themselves? What then? Who becomes their legal "guardian"?

The (Sarasota, FL) Herald-Tribune, in a recent article titled “The takeaway lesson on elder guardianship,” reported that one woman contacted the newspaper from an assisted-living facility complaining that she had been incarcerated against her will.

Apparently, this woman had moved to the area to be closer to her son, but her daughter in Arizona had been appointed by a court to be her guardian. The terms of the guardianship permitted limited contact with her son. 

A reporter with the newspaper actually interviewed both the mother and the son, and even read the court filings. From all indications it appeared the woman did not need to be locked away. To the contrary, she might be better off moving in with her local son and his family, who were more than willing to care for her.

Unfortunately, it was later revealed that this son had been convicted of securities fraud.

Ouch. 

Unique issues in a family can create wrinkles that are unforeseen. 

Many efforts around the country are concentrated on legislative efforts to improve elder guardianship, and to ensure that the process is implemented only in cases where other attempts to help have not succeeded. 

Sometimes, especially in dysfunctional families, an non-related, professional guardian is most appropriate.

Did you know that you can avoid your own potential guardianship in the future?

The key is to start early ... like right now!

Make legal plans now, so there will be no drama should you need help mentally or physically in the future.

In fact, every American who is at least age 18 needs to prepare fundamental legal instruments, specifically a general power of attorney for financial decisions and an advance health care directive.

So, who do you trust to take care of such matters for you? 

Contact an experienced estate planing attorney to help you. He or she understands these issues and can work with you and your family to find the best resolution.

Remember: “An ounce of prevention is worth a pound of cure.” When making your financial, tax and estate plans, do not go it alone. Be sure to engage competent professional counsel.

For more information about estate planning in Overland Park, KS (and throughout the rest of Kansas and Missouri) and to download free tools to help you organize your estate, visit my estate planning website. 

Reference: The (Sarasota, FL) Herald-Tribune (February 27, 2015) “The takeaway lesson on elder guardianship”