Never consider adult guardianship for a loved one.
There are many less restrictive, expensive, and intrusive ways to protect them. Today’s adult guardianship adjudication process is a haven for the criminal element and you are very likely to be financially exploited by this system versus protected by it.
TRUST FRAUD EDUCATION
Trust fraud is a growing issue nationally.
The legal community fully understands how the confidentiality of trust law and the ability to hide nefarious activity from trust beneficiaries until its too late make this one of the easiest crimes to commit. Hiring an attorney and facing the expense of $50,000 to $500,000 in legal fees to stop the crime fuels the growth.
Protecting your estate and your heirs starts with being prepared.
Executing a will, power of attorney, healthcare advance directive, and guardianship denial or nomination form is critical to having any ability to protect yourself. Sit down with your trustee and executors and discuss your plan and their obligations. Finally, give them notarized copies.
We are actively engaged in Washington, DC
and use our network of national advocates and activists to lobby state elected officials and law enforcement leaders on reforms needed to stop trust fraud and fraudulent guardianships.
- Everyone before they turn 18 years of age should execute a durable power of attorney (DPOA) and a healthcare advance directive (HCAD). These documents protect you and your estate if you become incapacitated due to injury or illness. These documents are available for free on the internet and can be downloaded from RocketLawyer or LegalZoom. Having formalized your intentions and designated the person you trust to protect you in case you cannot care or speak for yourself while you are alive is one of the most important obligations you have to yourself. The DPOA and HCAD are contracts that you formalize between those you trust and yourself to ensure you are never drawn into an involuntary and unnecessary guardianship or conservatorship. Guardianship and conservatorship is expensive and risky. A guardianship/conservatorhip will cost the estate at least $5,000 each year and many cost over $500,000 a year in legal and unnecessary fees if contested or adjudicated in a negligent court. Guardians and conservators routinely liquidate complete estates nationwide with little oversight from the creating court.
- Once these documents are completed, have your bank notarize them. They do this all the time for free. In fact you can ask to leave a copy on file in the branch where you bank. Your final obligation is to sit down with the designated party(s) and go over the documents with them. Make sure they understand your wishes and GIVE THEM A COPY of the documents. If your legitimate and designated protector(s) does not have a notarized copy of these documents they have no ability to protect you in your time of need.