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I think a good guardian can help the patient/ward to be safe from bad intentions from outsiders and protects the person from being abused by anyone. A guardian may not get rich and he/she spends more time caring for the ward.
I am sure there are the down sides as you pointed out here.
Also any relative who does not live in the US, they cannot be the guardian for his/her US ward even if he/she is American citizen. I personally don't think the guardianship is that great. He/she is not free from the judge and everything come down from the judge. I think it is impersonal. Power of attorney or trustee is better at dealing with the situations.
Nina
Yes, but what happens when the person is already too far gone to make any decisions for themself. Dad would sign a power of attorney form if we told him to but that wouldn't be legal. He doesn't even know who we are anymore! What we're trying to do is, even though Mom is taking care of Dad on a day to day basis, is have one of the kids named as Guardian. Mom is not in the best health and if anything happened to her then we would be back to square one going back to court, etc. Guardianships are not evil; it's the people who abuse the system that's the problem.
Hattie,
You're right, guardianship itself is not evil. The laws were designed for a noble purpose - "guard" the protected person and keep him/her from harming him/herself or anyone else, "conserve" his/her assets, and "protect" the public from the ward becoming a public charge.
But, what's happened is professional fiduciaries and the system itself have perverted the laws -- with the help of uncaring or corrupt courts -- to unjustly enrich themselves at the expense and to the detriment of the very people they are court-appointed to protect - the ward.
Once you get into guardianship, it's like stepping in quicksand. The harder you try to help yourself, the faster you sink.
For some, guardianship is the only answer. And we hope in those cases, that the guardian is a family member instead of a third party-stranger. But, you can't count on being appointed guardian - that's one of the problems. If there are assets, the court may appoint a third-party -- and then everybody loses, but the guardian.
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The reality of guardianship is quite different. Guardianship Wards are stripped of all rights -- the right to decide where to live, how to spend (or save) his/her own money, choose or refuse medical treatment, drive, marry, vote, etc. They don't even have the right to complain.
Many are forced into nursing homes by their guardians, their homes and possessions sold against their will -- often they are isolated from their family. Many die alone.
The guardian "protects" the Ward until the Ward is penniless, and then the guardian moves on to the next victim --- leaving Mr. and Mrs. Taxpayer to pick up the tab for the Ward's care for the remainder of his/her life through Medicaid.
The guardian gets rich, the Ward gets victimized and the whole process begins again with the next victim.
For more information, visit the National Association to STOP Guardian ABuse @ www.stopguardianabuse.org
Yours,
Elaine Renoire
NASGA Secretary