If you are acting as an Executor or Administrator of an Estate, a court appointed guardian, an agent acting under a Power of Attorney, or a Trustee, you are a Fiduciary. By law, a Fiduciary is accountable for their acts and must act in the
Dementia creates serious problems, no doubt. Among them is the compelling issue of who will make decisions for a person suffering from dementia, and who has the right to appoint such a decision-maker? What are the spouse’s rights? How about the children, individually? More importantly,
Guardianship abuse reports have been in the news repeatedly, https://www.nextavenue.org/guardianship-u-s-protection-exploitation. Reports of the guardianship system being used to steal and exploit those unable to help themselves are on the rise. Criticism of “the System”, how one becomes a guardian, and the lack of oversight of
Guardianship is a legal decision made by a court. The decision made is that a particular person has become incapacitated. He or she can no longer make decisions about him or herself. The Court also appoints a “guardian” to make decisions for the person it
Hidden cameras are now available to address the significant increase in elder abuse complaints against home healthcare aides. New Jersey has decided to expand its hidden camera program that began in December 2016. It has been very successful in catching abusers, both among in-home caregivers,
Increasingly, we Baby-Boomers are being called to care for a parent, or another, who has dementia. At the more advanced stages of this disease, the individual will lose capacity to make decisions about their finances, health care, living arrangements and the like. Unless the person
It is often assumed that when an incapacitated person needs a guardian, all right of decision-making is taken from the person in need. While the removal of the right of self decision-making may be required in the vast majority of cases, it is not necessarily