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
abuse posted here and think long and hard before you follow
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