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I remember when I was growing up, my relatives and my
parents' friends, at times, seemed a little odd or "different." You probably
know what I mean, somebody who went through life, hearing the tune of a different
drummer, who was not the same as everybody else.
Those days, you put them off as being a little meshuganah and
thought nothing of it. They lived their lives and usually were able to live
their lives pretty well. But, that was then and this is now.
Today, any
chance of being a little "different" can mean that a person can wind up in a
guardianship situation or an adult exploitation situation. If someone thinks a
person is incompetent, either physically or mentally, then it is possible that
a neighbor, health care provider, relative or a casual acquaintance, who
believe that the person needs help, can begin a series of events that can lead
to a guardianship being filed. Once the guardianship is filed, the aggravation
and expense for the person who is "different" can be an extraordinary amount.
If the guardianship is granted, part or all of that person's rights are taken
away. Their assets may be frozen or they may be faced with a guardian who makes
all the decisions regarding their life style, their residence and how their
assets are used. All of this because someone may have thought that person
needed help. In this day and age, what used to be considered meshuganah or
eccentric is now considered to be incapacitated. I don't believe so. But,
unfortunately, that's what the system is.
I am an
attorney who is involved in dozens of guardianships and in most cases, they
were needed. The person the guardianship was sought against had severely
diminished capacities, whether physical or mental, was not able to care for
himself or herself, and was subject to having their assets exploited and was
not going to be able to proceed without help. That's when the guardianship is
truly an asset to our community. However, there are also a number of cases
where a person who is "different", can be subjected to a guardianship
proceeding, and in many cases, that person or his family has to hire a private
attorney to get out of that proceeding. Unfortunately, even if that person
wins, they lose, because even though the guardianship may be dismissed, that
person may still be required to pay for the Court appointed attorney, for the
Court ordered guardian, for the Health Care Companies that may have taken care
of that person, for the Court ordered Examining Committee, and other expenses
that quite possibly should not have been incurred. This is why I always say
that being subjected to a guardianship proceeding can be equal to, or worse
than, being subjected to a contested probate action.
To avoid
these problems, I must advise that a Revocable Trust, a Durable Power of
Attorney, a Living Will and Health Care Surrogate, and other documents combined
together, can provide a "Plan for Life" that help to avoid the problems that
can arise in guardianships and probates. So give yourself and your loved ones
the opportunity to avoid the financial and emotional cost of having to be
subjected to the above, and prepare to live your life as peacefully as you
wish.
Jerome R. Siegel,
P.A. - Telephone: (954) 229-2226
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