Plan B Forum

This is absolutely disgusting.

Horrifying.

Trying to think of ways this could have been avoided but it seems like the fix was in.

In any event, make sure you have power of attorney and medical directives in place for your elderly or ill parents. It might give you a leg up in a situation like this. It's definitely not easy caring for them and managing their affairs but there are many reputable agencies and people who can help.

The interesting thing is that it seems like any unrelated individual could just file for guardianship; I haven't looked into it, but I'd hope it's not the same in all states. I'm not certain what the standing requirements would be, but I would hope you'd need either some sort of legitimate and demonstrable interest in the person's life or the action would have to be filed by some public entity; at least I'd hope that would be the law.

I am gonna make an appointment with my lawyer to discuss the Delaware version of these laws. This ex-parte process with the phony medical documentation looks very scary. Clearly the court supervision is meaningless. Nobody can properly be the guardian of 400 people.

snailgate.

The vultures started circling when mom went into the hospital in '13 and now that she's died my sister and I have had to get out the pitchforks every few months. Dad took his name off of the trust which governs his estate so he cannot be conned into anything.


Bastard parasites.

yrs,
rubato

Yep...still thinking that eating an elephant gun at 60 might be the right choice...

We only learned it from our forebearers

more here

BP--one thing I always suggest to my clients is to set up a durable power of attorney with someone they trust; this person will handle their finances when they are no longer able to (or that ability is questioned). Anyway, it is a wrench in the path of these enterprising carpetbaggers seeking guardianship so they can control/seize the finances; there are probably a lot of other ways to prevent this if assets are substantial--perhaps placing them in some sort of trust--but it is worth preparing against.

Setting up a trust is cheap protection. I'm finalizing one shortly.

yrs,
rubato

Just make sure to select a good trustee. Same with the power of attorney -- carefully select who you want to give it to, and make sure you read the documents and understand the powers they have and do not. You can circumscribe some of those powers, or give them unlimited power --- but it is always your choice.

Absolutely, but the story in the first post is another reason why you should consider this sooner rather than later.

Agreed - which is why I gave that same advice after I read the article.

Well great minds