On a recent episode of the HBO program, Last Week Tonight with John Oliver, the problems within the guardianship system were discussed. On the show, John Oliver provided a scary and funny explanation of how guardianship works, ending with a public service announcement by William Shatner, Lily Tomlin and other celebrities explaining steps you can take to avoid guardianship.
The segment featured a guardianship case in Nevada where the appointed public guardian is accused of abusing her authority and is facing more than 200 charges. This particular case is clearly the extreme, but John Oliver does a good job of highlighting problems that may arise within the guardianship system.
So what is guardianship? Guardianship is a legal arrangement where a court gives a person the legal right to make decisions for another person who is unable to handle their personal affairs or manage their financial affairs or property, usually due to a mental or physical disability. In New York, depending on the type of guardianship asked for and the person over whom guardianship is requested, the case is handled by the Family Court, the Supreme Court or the Surrogate’s Court.
While guardianships work in most cases, the best approach is to avoid the need for guardianship by putting durable powers of attorney and healthcare proxies in place ahead of time. By planning early, you get to have control and choose who you would like to make decisions for you when necessary. Even if you are not at risk of exploitation because your children or grandchildren would step in, the need for court intervention causes otherwise unnecessary expense and delay.
If you or someone you know would like to discuss creating a comprehensive estate plan, please contact our office.
To watch the clip from the Last Week Tonight with John Oliver, click here. (Warning: The clip contains occasional profanity.)
