Janssen Law, PLC

Making sure you have the right guardianship

When a person becomes disabled or is chronically infirm due to old age or some other malady and can no longer properly care for him or herself, that person might end up placed in the care of a guardian if they cannot be cared for by a relative. However, many of us don’t think of this as a possibility for ourselves. It always happens to “other people.” But what if, sometime in the future, you are hurt or disabled and are placed in the care of an Iowa guardianship? Will it be someone that you would want to make decisions for you?

According to a piece in Forbes, individuals who have suffered injuries or degraded faculties due to age have found themselves placed under guardianships, but in some cases the guardians were abusive and took advantage of the people under their care, stealing their assets or selling their property. At times, victims of guardian abuse were caught between warring family members. Abuse victims sometimes found themselves trapped in care facilities until the guardian was removed by a court.

Fortunately, there are ways you can protect yourself against being taking advantage of by an abusive guardian. One way is to set a trusted individual up with a power of attorney. In the event you are incapacitated, the person you select with a power of attorney can make decisions on your behalf. You can also create a directive that lists how you want to be medically treated when you cannot decide for yourself.  

A different article in Forbes also points out that you can even provide for another pair of eyes to watch over your power of attorney. A power of attorney document can enlist a third party to watch over how the person with power of attorney performs the accounting. By requiring your chosen power of attorney to be monitored by someone else, you can reduce the chances that your power of attorney will be abused.

Also, no one should feel trapped by their initial power of attorney choice. Remember that you are the one in control. If you feel the person you picked is no longer trustworthy, you can revoke that power of attorney and assign it to a different individual that you do trust. All of these decisions, done at the right time when you are able, can save a lot of problems and pain down the road.

 

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