Alternatives to Guardianship – Part 2

Durable Power of Attorney

A durable power of attorney (DPOA), also known as attorney-in-fact, is a legal document that grants another person, of your choice, the legal authority to act on your behalf. With a professionally drafted and valid DPOA, the person you chose will have the legal right to take care of important matters on your behalf – such as paying your bills, investment management, and directing medical care.

It is recommended that you consult with a competent attorney who is well-versed in the preparation of DPOAs.

The Wolf and the Lamb

Remember the fable of the Wolf and the Lamb?…

A WOLF, meeting with a lamb astray from the fold, resolved not to lay violent hands on him, but to find some plea, which should justify to the lamb himself, his right to eat him.

He then addressed him: Sirrah, last year you grossly insulted me.
Indeed, bleated the lamb in a mournful tone of voice: I was not then born.

Then said the wolf: You feed in my pasture.
No, good sir, replied the lamb: I have not yet tasted grass.

Again said the wolf: You drink of my well.
No, exclaimed the lamb: I never yet drank water, for as yet my mother’s milk is both food and drink to me.

Upon which the wolf seized him and ate him up, saying: Well! I won’t remain supper-less, even though you refute every one of my imputations.

Moral:
The tyrant will always find a pretext for his tyranny, and it is useless for the innocent to try by reasoning to get justice, when the oppressor intends to be unjust.

Aesop’s Fables
by Aesop
Translated by unknown
Illustrated by: Harrison Weir, John Tenniel, Ernest Griset, et.al.
Copyright 1881
Published by WM. L. Allison, New York

Alternatives to Guardianship – Part 1

To take away an individual’s rights is a serious matter, and should not be taken lightly. The use of least restrictive alternatives to meet the needs of a person (and/or manage their property) is required.

A person may create an advance healthcare directive, a durable power of attorney (DPOA), and a living trust while competent; hence, that person may not require a guardianship in the event of incapacity.

Legal Guardianship

Definition: A guardian is a court appointed decision-maker of a person, their property, or both. This person may be a minor, or an adult with disabilities. After adjudication, this person is termed a “ward.” Guardianship is the most severe imposition upon a person, as it “strips” away their rights and gives them to another person.

When Is A Guardianship Required For An Adult?
An interested person may petition the court to appoint a legal guardian for a person:

• Who has a mental/physical disability; preventing them from taking care of their own basic needs.
• Who are in danger of significant harm.
• Who do not have a previously legally authorized person to care for their needs.

Avoiding Guardianships
It is possible to avoid the need of a court appointed guardianship through exploration of alternatives and estate planning.

For further information on Alternatives to Guardianship and Estate Planning, please check back for future updates.

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Dear Reader,

We’d like to welcome you to the blog of Lynn Claire LLP!

Lynn Claire LLP is a nationwide multi-service firm focused primarily on representing elderly and disabled individuals, and their families, who are victims of guardianship fraud.  For more information, please visit our main website at www.lynnclaire.com.

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