Published on nextavenue.org | Money & Policy
By Edd and Cynthia Staton, September 19TH, 2023
Guardianship is a well-intentioned legal entity designed to shield from harm those who are truly incapable of making and communicating informed choices. Most of the time guardians do the right thing, properly managing the daily life of debilitated wards and protecting their property and assets. Tragedy arises when vulnerable individuals are taken advantage of by those who should be protecting them.
Being proactive in advance of a possible guardianship scenario is the best solution to preventing future abuse. Legal steps include creating:
—Durable power of attorney. Allows you, not a judge, to specify who you want to act as your agent. As a further safeguard, you should require that your finances be examined periodically by a third party of your choosing.
—Revocable (living) trust. With this document you give someone else the power to make financial decisions on your behalf in the event you become unable to do so. An added benefit of this type of trust is your estate avoids going through the state probate system.
—Advanced medical directive. Also called a living will, it provides instructions when you are unable to make decisions for yourself regarding your preferences for medical care should you be terminally ill, seriously injured, in a coma, in the late stages of dementia or near the end of life.
—Designation of pre-need guardianship. Allows you to select your caretaker in advance of you ever becoming incapacitated. Check to see if this legal instrument is valid in your state.
With an aging world population, instances of elder abuse are increasing at an alarming rate. A study by the U.S. Department of Justice reveals that 10% of adults over 60 in the United States experience some form of abuse each year. Shockingly, the research further suggests that only one of every 24 cases is reported. A particularly disturbing aspect of this trend is guardianship abuse.
Edd and Cynthia Staton
While guardianship law is state law, attention and funding from Congress are essential for systemic change. Thus far, leadership at the national level has been lacking.
