• The Pros & Cons of Guardianship or Conservatorship: How to Know If It's Right for You
• What Is The Difference Between A Power Of Attorney And A Conservatorship or Guardianship?
• Financial Decision Making & Legal Limits: What Can A Power Of Attorney Do?
• Can A Power Of Attorney Document Be Used For Medical Decisions?
• Consumer Alert: Exposing the Flaws in Medicare's 5 Star Rating System of Nursing Homes
• Legal Limits of Care in Assisted Living Facilities
• Alzheimer's: Transitioning from Home to Assisted Living
• How to Talk to Parents About the Future
• Using Mediation to Manage Conflict in Long Term Care Facilities
• Physical & Financial Elder Abuse: What You Can Do

COMMENTS
One Response to “The Pros & Cons of Guardianship or Conservatorship: How to Know If It's Right for You”

1. Karen Gohdes Says:
   

   It is important to know that state laws and terminology regarding guardianship and conservatorship vary markedly. Only some states have public guardianship systems, and these would limit their services to persons without funds other than government benefits. I have not heard of any state where public funds pay for guardianship or conservatorship of an individual with assets or income.

   Many states, and perhaps most, rely on private professional guardians and conservators to protect both indigent persons and persons with funds. When an individual has funds, those funds pay for guardianship and conservatorship. When the person is indigent, public funds pay a limited amount to the professional fiduciary. The stream of public funds tapped (eg, county budgets, Medicaid, etc.) varies by state. Often the amount fails to fully compensate the fiduciary for the number of hours necessary to meet the requirements of the law. I'm pretty confident that the fiduciaries who accept indigent clients are working many pro bono hours. I am, and everybody I know in this field is.

   One common reason a professional guardian or conservator is appointed for a person who has family and funds is that family members do not see eye to eye about what is in the incapacitated person's best interest. A neutral third party professional can be a great solution in these cases.

   However, the very fastest way to deplete an elder's estate is to bring your family squabbles to court. Every time you take your complaint about how your loved one's affairs are being handled, you are costing your loved one a ton of money in fees for court mandated legal services. These services are designed to protect your loved one's rights, but they are not free. Please, people, settle your family squabbles out of court. Hire a mediator and pay for it out of your own pockets.

Leave a Comment