Sign in

or Register now

OurAlzheimer's.com

See all of our health sites at www.HealthCentral.com
Tuesday, November, 24, 2009
  • Font size
Receive a FREE Osteoarthritis of the knee pamphlet. Start here.

Petitioning for Guardianship

AFA Social Services Team
AFA Social Services Team
Close
Licensed Social Worker

The Alzheimer’s Foundation of America’s (AFA) is pleased to join...

AFA Social Services Team

Friday, February 01, 2008
View All of AFA Social Services Team's Posts
We are often asked for advice about legal issues, in particular why a person would need to petition the court for guardianship of a loved one who has dementia and what to expect during that court process.  A guardianship proceeding is generally brought on by an interested party who desires to ma...
  1. Petitioning for Guardianship
    Elaine Renoire
    Saturday, February 02, 2008 at 12:36 AM

    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

    Reply
  2. guardian
    N.C.
    Saturday, March 15, 2008 at 02:00 PM

    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 

    Reply
  3. Guardianship
    Hattie
    Thursday, April 16, 2009 at 10:57 AM

    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.

    Reply
    re: Guardianship
    ElaineRenoire
    Sunday, April 19, 2009 at 05:57 PM

    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.

     

     

     

     

    Reply
  • Font size
  • Bookmark
  • Thank you for your input
  • Save
  • RSS
  • Report Abuse
This video animation shows how beta amyloid plaques are created in Alzheimer's patients and how they affect the progress of the disease.

Ask a Question

Get answers from our experts and community members.

View all questions (904) >