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Practical Advice

Sometimes rational people can't come to an agreement, or because situations are so desperate, there appears to be no way out other than taking it to court.  We are a society quick to threaten suit to settle an argument or disagreement rather than talk it out and be open to negotiating a compromise.

We seek out lawyers to settle or litigate these irreconcilable issues and have confidence that we will prevail along with the side of "right."

Taking it to court is almost always a fatal mistake when it comes to family disagreements over money, family heirlooms, or care for a loved one.

Once you take it to court - no matter how right you think you are or how right you actually are - you risk losing your loved one to the system, which will exploit him/her for profit.  You've just entered the boxing ring and the referee (judge) who is supposed to be impartial is not!

While an elder law attorney will be more likely to encourage you to initiate a guardianship/conservatorship proceeding, someone from another area of legal specialty may do it innocently    Read the actual accounts of legal abuse posted here and think long and hard before you follow that advice. 

Remember who is going to profit from the guardianship/conservatorship of your loved one:  the guardian, the other fiduciaries and your own attorney.

NASGA cannot give you legal advice, but we can give practical advice: 

Do anything you can to KEEP IT OUT OF COURT!

Guardianship abuse and conservatorship abuse IS elder abuse!

       
 (c) 2006 NASGA