What are the Disadvantages of a Guardianship?
From Our “Ask a Question” Mailbag: “My dad has Alzheimer’s and can no longer manage his money. Phone callers have scammed him, and he can’t protect himself. He never signed a power of attorney, so now I am told he needs a Guardian. This seems like the right decision, but what are the disadvantages of a Guardianship?”
Glen Ridenour, Contested Guardianship Lawyer in Pennsylvania
What is a Guardianship?
A Guardian is a person appointed by the court to make decisions for another person who cannot do so for themselves. A person may no longer be able to manage their own affairs because of old age, a disability, or incapacity due to an accident or disease.
The Guardian takes on this responsibility for the incapacitated person’s care and well-being. This might be limited to managing the person’s finances but could also include making all decisions, including medical.
What are the Disadvantages of a Guardianship?
Once the court decides a person is incapacitated and appoints a Guardian, the incapacitated person loses their freedom to manage their finances as they wish. Suppose the judge decides the person’s incapacity requires a Guardian of the Person. In that case, it means that the incapacitated person loses the right to choose where they spend their day or to refuse medical care.
To the incapacitated person, this loss of freedom can bite deeply. Often, the incapacitated person’s disability renders them unaware of the loss. But for some, the help of a social worker or psychologist is helpful. For all incapacitated people, the support and understanding of family members can make the process more palatable.
Other Disadvantages of a Guardianship
- The Overly Protective Guardian: Once a Guardian is appointed, they have much discretion regarding how much authority to use over the incapacitated person. It is essential to pick a reasonable Guardian who will work with the incapacitated person only to use the power when and where needed. Many incapacitated people have the power to manage some of their affairs, and a good Guardian will not infringe where they are not required.
- The Bad Record Keeper: A Guardian must keep track of expenses and log expenses and bills paid. Some Guardians are bad record keepers, and their required reports to the court are not accepted. If the records cannot be balanced, it could even result in a surcharge from the judge. It is best to select a Guaridan who can manage these numbers or, if they cannot, recognize this fact and hire an accountant or accept another family member’s assistance. The Guardian is not expected to be the best at all aspects of their job. They can have help.
Our Guardianship Team:
If you decide to have our Guardianship Law Firm represent you, you will work with Attorney Glen Ridenour and his team. Guardianships Are What We Do. We do not dabble in other areas; we focus on estate-related litigation.
Want to Read More about Guardianships?
This Blog is just a quick introduction to the Disadvantages of Guardianship. To learn more, follow this link to my website’s pages titled “Guardianships: Everything You Need To Know.”
In Conclusion, What are the Disadvantages of a Guardianship, Explained.
I hope you found this short article on What are the Disadvantages of a Guardianship. I have also included some links for more detailed information.
Contact us if you want to know more or have an estate that needs our help. Let our Pennsylvania Guardianship Contest Lawyers help you through what can be a confusing process. Feel free to contact our office for a free consultation.
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