Senior citizens can lose everything [to professional guardians via court rulings]

Non-investing personal finance issues including insurance, credit, real estate, taxes, employment and legal issues such as trusts and wills
InMyDreams
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Re: Senior citizens can lose everything [to professional guardians via court rulings]

Post by InMyDreams » Sun Oct 08, 2017 12:06 am

deleted dup

InMyDreams
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Re: Senior citizens can lose everything [to professional guardians via court rulings]

Post by InMyDreams » Sun Oct 08, 2017 12:08 am

can't correct my double negative, just keep making a duplicate post...

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tc101
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Re: Senior citizens can lose everything [to professional guardians via court rulings]

Post by tc101 » Sun Oct 08, 2017 9:08 am

I think I'm going to see an elder law attorney. I found several by doing a google on "elder law attorney georgia".
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bsteiner
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Re: Senior citizens can lose everything [to professional guardians via court rulings]

Post by bsteiner » Sun Oct 08, 2017 9:19 am

tc101 wrote:
Sun Oct 08, 2017 9:08 am
I think I'm going to see an elder law attorney. I found several by doing a google on "elder law attorney georgia".
Or perhaps, depending on your situation, a trusts and estates lawyer.

ResearchMed
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Re: Senior citizens can lose everything [to professional guardians via court rulings]

Post by ResearchMed » Sun Oct 08, 2017 9:37 am

bsteiner wrote:
Sun Oct 08, 2017 9:19 am
tc101 wrote:
Sun Oct 08, 2017 9:08 am
I think I'm going to see an elder law attorney. I found several by doing a google on "elder law attorney georgia".
Or perhaps, depending on your situation, a trusts and estates lawyer.
How would these two types/categories of attorneys differ in terms of watching out for personal custodial care, rather than an emphasis on where assets go (although both would be best).

RM
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InMyDreams
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Re: Senior citizens can lose everything [to professional guardians via court rulings]

Post by InMyDreams » Sun Oct 08, 2017 9:59 am

According to the Jane Clayson/WBUR interview, Kentucky is the only state that requires an adversarial approach to making a person a ward of the state and appointing a guardian.

I hadn't thought of retiring to KY.

roflwaffle
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Re: Senior citizens can lose everything [to professional guardians via court rulings]

Post by roflwaffle » Mon Oct 09, 2017 12:11 pm

InMyDreams wrote:
Sun Oct 08, 2017 9:59 am
According to the Jane Clayson/WBUR interview, Kentucky is the only state that requires an adversarial approach to making a person a ward of the state and appointing a guardian.

I hadn't thought of retiring to KY.
I don't think that's accurate. In CA, I think someone in a conservatorship hearing has to have legal representation, unless they chose to represent themselves, and depending on the degree of control, the case must be proven by"clear and convincing evidence", or in some cases "beyond a reasonable doubt".

http://www.stetson.edu/law/lawreview/me ... e-maze.pdf

http://www.canhr.org/factsheets/legal_f ... oblems.pdf

http://www.canhr.org/publications/PDFs/ ... _guide.pdf

To defend against conservatorship, evidence/documentation that you can meet your basic needs for food, clothing, and shelter, pay your bills, and manage your financial affairs is required, and I imagine having good relationships with physicians you trust also helps. If push comes to shove, being able to retain effective counsel always helps, but having evidence ahead of time is likely the best option.

If someone really can't meet all of their basic needs, having a trust-worthy family member actively provide for them in some way is usually best, and evidence/documentation is also very helpful, since it seems hard for a judge to appoint conservatorship to someone who isn't a family member if the family member is performing that duty well.

Carefreeap
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Re: Senior citizens can lose everything [to professional guardians via court rulings]

Post by Carefreeap » Mon Oct 09, 2017 1:42 pm

Thanks O.P. for posting this article.

I've been concerned about my MIL's situation. Because she is so verbally abusive and demanding it's been difficult to keep qualified caregivers for her. She has isolated herself and has some substantial assets. As her mental health declines I can see her being vulnerable to some kind of elder abuse. I looked up the Oregon guardian and conservator process and I'm relieved to find that it takes some serious work to obtain those powers.

Both DH and I have the durable and medical POA for her. DH is looking a retirement communities with her today. I don't think that staying in OR (600 miles away) is a good solution but it may have to do for now.

technovelist
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Re: Senior citizens can lose everything [to professional guardians via court rulings]

Post by technovelist » Mon Oct 09, 2017 8:44 pm

This is horrifying! Thank you for posting it.

We will be talking about this with our family lawyer ASAP to see what can be done to prevent it from happening to us.
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bottlecap
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Re: Senior citizens can lose everything [to professional guardians via court rulings]

Post by bottlecap » Mon Oct 09, 2017 8:59 pm

I appreciate you posting this. If half of it is true, it’s very scary. Not one to believe the New Yorker, I looked it up and seems to be more than half true.

I can say that in the judicial system, there are many who think they know better than ordinary folk and implicitly trust those that work within the system, like this Parks lady. I guess it's like any other branch of government in that respect. But lawyers who think they should be judges are the worst. Usually, they can’t get elected judge, but can kiss enough keister to get appointed as a faux judge.

Preventing this will be very state specific. The best thing you can do is raise kids that have a healthy distrust for authority. Hopefully they can protect you. No one else will.

JT

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tc101
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Re: Senior citizens can lose everything [to professional guardians via court rulings]

Post by tc101 » Tue Oct 10, 2017 3:25 pm

The best thing you can do is raise kids that have a healthy distrust for authority. Hopefully they can protect you. No one else will.
I think that is true, and I don't have any kids.
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Carefreeap
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Re: Senior citizens can lose everything [to professional guardians via court rulings]

Post by Carefreeap » Wed Oct 11, 2017 9:49 am

bottlecap wrote:
Mon Oct 09, 2017 8:59 pm
The best thing you can do is raise kids that have a healthy distrust for authority. Hopefully they can protect you. No one else will.

JT
I'm still chuckling at this statement. Those kinds of kids are going to be really difficult since you, the parent, are their first authority figure. :wink:

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