Tag Archive for: legal guardian

Learning More About Conservatorship and Guardianship [Episode 90]

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Attorney-CPA Joe Cordell and co-host Susan Arthur discuss the tools that are available if or when you have dementia or some type of cognitive issue as you get older and you require specific care. They highlight this issue through the lens of the case of Kise and Larry Davis, as featured in the AARP magazine. They discuss how Larry had been taking care of his stepmother, Kise, from a distance until she changed her Power of Attorney to give power to a trusted friend, a handyman, in the area.

They discuss how a guardianship would have impacted the situation and how a guardianship can affect the level of care that the elder in need requires. Joe uses this opportunity to highlight the difference between a conservatorship and a guardianship, as well as talks about how a Guardian Ad Litem can impact this type of situation for all involved.

Understanding Guardianship and Conservatorship [Episode 66]

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Attorney-CPA Joe Cordell and co-host Susan Arthur break down the history of a Durable Power of Attorney and explain that a guardian refers to the care of the physical person, as well as the person appointed to make decisions about personal care, where you live, etc. Joe also describes how a conservator is in charge of taking care of your assets.

He highlights the protective mechanisms and precautions built within the court when it comes to the appointment of guardianship and conservatorship. Joe and Susan discuss the difference between being incompetent and being bad with money, as well as the liabilities that family members may have when taking on one of these roles for a loved one.

Joe dives into what negligent entrustment is and how the foreseeability of something bad happening can play a factor in what someone in a role like a guardian or someone with a durable Power of Attorney is liable for.