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How to Avoid Guardianship Abuse – Discussed by a Kansas Family Lawyer

How to Avoid Guardianship Abuse – Discussed by a Kansas Family Lawyer
May 20, 2016 James Greenier

Unfortunately, when power and authority are afforded to certain individuals it can easily be abused. Often we hear horrible stories of guardians who have been appointed to care for an individual and are abusing or taking advantage of that person. The elderly community or adults with special needs require care because they no longer have the wherewithal to care for themselves. Without trusted family or loved ones, these individuals are left without care of their personal well-being or their finances.  As a result, the courts must often appoint professional guardians to care for them. Systems all over the United States are increasingly reporting and addressing issues of fraud, financial exploitation, and abuse of wards who have had professional guardians appointed to them.

To discourage this kind of abuse to those you love who are getting older or who have special needs, it is important to consider guardianship. By taking control of the appointment process you will know who will be caring for your family members rather than leaving the discretion to the legal system and a professional stranger. Prior to appointing a guardian, it is crucial that you ensure they are trustworthy, qualified and considerate. We understand how difficult it is to decide who is adequate to care for your family member and can offer some advice when making your choice. Speaking to a qualified Kansas attorney to help you appoint the most trustworthy and capable person to stand as guardian can help you and your loved one avoid abuse.

Because of allegations and reported abuse of vulnerable wards, some counties have updated their compliance systems. In an effort to thwart such abuse increased oversight and analysis have been implemented to ensure wards are not being taken advantage of. Although court-appointed guardians who are monitored closely by the legal system generally maintain their role and responsibilities sufficiently, the cases without any guardian can become the most troublesome.

Common Guardianship Misconceptions

It is commonly misunderstood and unknown that expenses, such as attorney’s fees, can be paid out of the ward’s estate. Many loved ones or family members who consider become a guardian are deterred under the misconception that they will endure a heavy financial burden. This is not the case though, and expenses that occur out of the guardianship can be covered by a ward’s estate assets. Don’t let misinterpretations of the guardianship process discourage you from appointing yourself or another trusted individual as guardian for your loved one.

Contact an Experienced Kansas Guardianship Attorney Today to Answer Your Questions

It is not always easy to approach difficult issues such as guardianship, but our office is here to offer the guidance and support you and your family needs.  Kansas Family Lawyer Tom McDowell has decades of experience helping families of all dynamics handle their cases for the best interest of the child. Contact McDowell Chartered Legal Services today at (316) 633-4322 to see how we can help you and your family’s needs.