Elder Law and Conservatorships – I Care A Lot: Reality Inspired Fiction

When it comes to elder law and conservatorships, sometimes truth is as strange – or at least almost as strange – as fiction…

I didn’t know about the Netflix movie entitled I Care A Lot. Then, several friends called to ask me questions after watching it. While the film put unrealistic fears into my friends’ minds, there is some truth to the underlying story. I watched the film. And I can tell you that the basics of the story are loosely based on fact.

In the film, a con woman makes a very lucrative living as a court-appointed guardian. She seizes control of all the assets of vulnerable elder people.

According to a review on I Care A Lot at RogerEbert.com, the film, by writer/director J. Blakeson, was inspired by real-life stories. He read them and became enraged by predatory guardians who took advantage of voiceless elder victims.

Let Me Separate Fact From Fiction About Elder Law and Conservatorships

ne of the biggest shocks in the movie is how the guardianship unfolds. The story shows a healthy, competent woman receiving no notice before a guardian arrives with a court order. That scenario is highly dramatized. Let’s separate fact from fiction.

In Georgia, courts follow strict procedures before appointing a guardian or conservator. The proposed ward must receive proper notice of the petition. The court also requires evaluations, documentation, and, in many cases, a hearing. These steps help protect the individual’s rights before any decision is made.

First, there are three main conditions that a Court looks for to merit Guardianship or Conservatorship:

• The person has advanced mental incapacity (i.e. Alzheimer’s, dementia, traumatic closed-head injury, coma, etc.): Or
• Developmentally disable person turns 18; Or
• The person displays diminished capacity – often in several different areas of their life (i.e. financial exploitation risk; poor hygiene; unable to make/communicate important life choices; unable to recognize danger; unable to seek assistance when in position of harm; suffering from a mental illness; unable to understand consequences of actions, etc.)

Next, once the Petition for Guardianship and/or Conservatorship is filed with the Court and before the Court will issue an Order, the Court ensures:

• The proposed ward is informed of the petition
• The proposed ward is given an opportunity to hire an attorney or one will be appointed by the court; and
• The proposed ward will undergo a mental evaluation by a doctor, psychologist, or licensed social worker.

I’ll acknowledge that, in some cases, the wrong people are appointed as guardians or conservators. Safeguards exist to prevent this, but they are not perfect. Problems are more likely when no family members or friends step in to advocate for the individual.

Planning ahead can help avoid this situation. If someone signs durable powers of attorney for finances and healthcare while competent, they can name trusted decision-makers. In most cases, this removes the need for a court-appointed guardian or conservator.

Prepare For Reality, Enjoy The Outrage Expressed In The Fictional Movie

If you have a loved one living alone or in a nursing home facility, I highly recommend you take an evening to watch this dark, disturbing comedy. It is about the vast, invasive powers that a Guardian/Conservator can exert over their ward (who may be a total stranger). But remember, it is fiction based on fact.

While the film takes an unexpected turn, it is an illustration of what could happen to someone who has not planned ahead – especially someone who has no living relatives and has not planned ahead. If you would like to discuss creating a plan for your healthcare and financial needs should you become incapacitated, give our office a call. We’ve been helping families and individuals avoid the worst possible scenarios that happen when plans are not in place.

   

Looking to find an experienced estate lawyer in the Georgia area who is skilled in asset protection and estate plan preparation? Shannon Pawley is an attorney in Georgia with expertise in estate planning and asset protection. Shannon can provide assistance with creating an estate plan to include making a will and how to establish a trust properly. If you have questions about asset protection or questions about making an estate plan, reach out to Shannon and she will be glad to help answer all the estate planning questions you might have!