Understanding the Basics of Guardianship

siblings to disagree My law firm recently about their parents cahosted its annual meeting pabilities and whether to bring social workers upguardianship is truly to-date on legal developneeded. And the perments that may affect son whose competence their clients. This year we is being questioned explained guardianship, almost always feels a concept that is poorly angry and betrayed by understood by the public loved ones. and even by many proThe best way to fessionals. However, in order to do effective long- Joseph S. Karp, C.E.L.A. avoid becoming the subject of a guardianterm care planning and estate planning, its important to ship, for your own sake and for the understand the basics of guardianship. sake of your family, is to create approIf an individual has failed to create priate estate planning documents documents that empower someone to while you are competent to do so. act on his behalf, guardianship may These documents may include a Living be the only legal option to protect Trust, which gives a successor trustee the individual. Any interested party, the ability to manage trust assets; a often a family member, may initiate a Durable Power of Attorney, which guardianship proceeding if he believes gives your agent the power to mana person cannot manage his own age non-trust assets; and a Health affairs and/or is a danger to himself or Care Power of Attorney (Health Care others. If the court finds the person Surrogate) which allows someone to to be incapacitated, a guardian is make medical decisions when you are not able to make them Listen to Joe Karp and Anita Finley for yourself. on Saturday, September 24 from 7:30-8:00 AM These steps empower on WSBR 740AM and on the someone else to make deciInternet at www.wsbrradio.com. sions, but do not actually terminate the creators abilappointed for him. The guardian is ity to do so. If an individual who has responsible for managing the wards done the proper planning refuses to finances and/or for decisions regard- relinquish control to his trustee, agent ing medical care, personal care and or health care surrogate, guardianship the best type of residential setting may be the only recourse. Fortunately, cases like this are infrequent. for the ward. If you are thinking about seeking a As to the definition of incapacity, this can be somewhat subjective. A guardianship for someone, or looking woman of modest means unable to to prevent becoming the subject of a pay her bills because she is spending guardianship, please call The Karp Law money on clearly fraudulent invest- Firm for assistance. ments may be found incompetent, Joseph S. Karp is a nationally certified whereas her wealthy counterpart may and Florida Bar-certified elder law attorney not be. Refusing life-saving medical (C.E.L.A.) specializing in the practice of treatment is not necessarily evidence Trusts, Estates and Elder Law. His offices are located at 2500 Quantum of incapacity, either; the court will Lakes Drive, Boynton Beach (561) 752-4550; consider the individuals reasons for 2875 PGA Blvd., Palm Beach Gardens refusal, such as longstanding religious (561) 625-1100; and 1100 SW St. Lucie W. beliefs. Blvd., Port St. Lucie (772) 343-8411. Seeking guardianship for someone Toll-free from anywhere: 800-893-9911. youre concerned about should be a E-mail: KLF@Karplaw.com or website last resort. The process is protracted, www.karplaw.com. complex and expensive. It can also Read The Florida Elder Law and Estate create deep family divisions and Planning Blog at trauma. It is not uncommon for www.karplaw.blogspot.com.

# #