It seems like every month, if not every week, there is a new story about a court-appointed Guardian who has taken advantage of an elderly person the Guardian was supposed to be looking out for. Most Guardians do a fabulous job, but we only hear about those who do a bad one. We hear about the few Guardians who steal from their charges or neglect the people they are supposed to be taking care of.
In all likelihood, if a Court ever appoints a Guardian to be in charge of your affairs, that Guardian will do an excellent job. However, what happens if he or she doesn’t? That’s when things can get messy. If a Guardian steals from you, your family might never be able to recover the lost money. If a Guardian neglects your needs, then there is no way to turn back the clock and retroactively meet those needs.
Thus, even though any Guardian appointed over you will most likely do a wonderful job, the risk that the Guardian won’t are too high to leave to chance. Instead of taking that risk, you can make sure that anyone in charge of taking care of you is someone you choose. Talk to an estate planning attorney about how to do that.