Whatever you can do to a Buckeye—shellack, roast, soak, toast, chop, peel, finely ground, boil, crush, smash, cut, peel, and wait for it…a-salt—the Iowa Hawkeyes did last night in a stunning 55-24 rout of Ohio State. Iowa didn’t just beat the number three ranked team in the nation, they dominated the entire game from the very first play, and on both sides of the ball.
As the mission of Gordon Fischer Law Firm is to promote and maximize charitable giving in Iowa, I can’t help but think the smart and gritty play of the Hawks last night hold lessons for nonprofits too. Here are four:
Don’t Stop Believin’
If the Hawks went into the game without believing, truly believing, that they could win, well, it simply would have been a self-fulfilling prophecy. Whether you are trying to snag new donors, put into place some long-needed policies and procedures, get approval from the IRS to become a nonprofit – whatever your goal – you’ve got to start with a belief in yourself and your organization that you can match the mission to the moment.
Think Outside the Box
The Iowa Hawkeyes used two trick plays last night. There was a fake punt (from inside their own 20-yard line!) and also move called the Polecat Play. When facing a formidable opponent, or formidable goal, maybe the same-ole’, same ole’ won’t work. You may need to get creative.
Now, remember, for nonprofits, when you say, “think outside the box,” that box is essentially the IRS. So get good legal counsel to be sure you’re not being too creative and are in fact in full compliance with all laws and regs. But, the right kind of creativity is sometimes necessary when facing long odds.
Get Your Crowd into the Game
You need your fans for that extra juice—that extra bit of adrenaline. While you may not be able to fill Kinnick Stadium with supporters, you do have many folks who’ll help you in a wide variety of ways, and sometimes moral support and cheerleading is just what you need.
Take It One Play (Day) At a Time
The odds may seem insurmountable. For example, you’ve been trying to tackle the redo of your governing documents forever, and you just can’t ever seem to get there. Remember to take it a day/play at a time. Break it down.
Say you want to revise your general Independent Contractor Agreement, last looked at in the 1970s when Bob Commings was the Iowa Hawkeye football coach? Start with small steps. Something like this would be a good drill:
Distribute the aging document to the board of directors.
Explain why it needs updating.
Especially explain why your organization would work better with updated agreements, and/or what risks would be mitigated with updated agreements.
Form a committee to find competent counsel.
Hire a lawyer experienced in nonprofit law to look over and re draft.
Share the drafts back and forth between your lawyer and your committee until “perfect.”
Share the new Independent Contractor Agreement with the board of directors for final approval, and don’t forget to thank the board members who helped. And, be sure to celebrate reaching your goal!
Taking it one play at a time, suddenly revising major documents isn’t so overwhelming anymore.
I’d love to help coach your nonprofit to greater success. I offer a free one-hour consultation to anyone/everyone. Just email me at gordon@gordonfiscerlawfirm.com or call me on my cell at 515-371-6077. Together we’ll figure out a game plan that’s both sensible and affordable.
https://www.gordonfischerlawfirm.com/wp-content/uploads/2017/11/20046692_1780255825325053_939097660741324803_n.jpg320960Gordon Fischerhttps://www.gordonfischerlawfirm.com/wp-content/uploads/2017/05/GFLF-logo-300x141.pngGordon Fischer2017-11-05 17:41:522020-05-18 11:28:564 Lessons for Nonprofits From Iowa Hawkeye Win Over Over Ohio State
From the outside looking in, with its lush landscaping and towering brick chimney, the Russell and Ann Gerdin American Cancer Society Hope Lodge in Iowa City gives an immediate impression that it’s a home. Which is what the facility does indeed become for the cancer patients receiving lifesaving treatments.
Hope Away from Home
Doors to the Hope Lodge opened in September 2008 following a $4 million donation from the Lodge’s namesakes, Russell and Ann Gerdin. (University of Iowa provided the land for the construction.) It was the first of its kind in Iowa and the 28th facility of its kind in the U.S. The Hope Lodge offers amazing service in the form of 28 private guest rooms free of cost to cancer patients (and their adult caregivers) undergoing active outpatient cancer treatment at area medical facilities: The Veterans Administration Medical Center, Mercy of Iowa City, or University of Iowa Hospitals and Clinics. The guest rooms each have a private bathroom and two beds, but the bedrooms are just the start when it comes to the other welcoming, inviting spaces.
Quinn Hackert, assistant manager of the Hope Lodge, said that the facility has a Midwestern “lodge-y” feel to it and has plenty of community spaces to encourage people to get out their rooms and “really get to know each other.” Guests can enjoy a community dining area, sit in two screened-in porches, computer room, laundry, library, exercise room, and cook meals in two complete kitchens. Musical groups and weekly potluck dinners are another community-building opportunity to take advantage of.
The level of service the Hope Lodge is able to offer is truly amazing with a small staff of 12 (most are part-time employees), they were able to offer 13,355 nights of free lodging in 2016. Hackert said the Hope Lodge is typically full; if that’s the case and a patient needs/qualifies for accommodations, the American Cancer Society hotel partner program is utilized until a Hope Lodge room opens up. The hotel partner program means hotels in the area can offer a room for free or a significant discount. “The average length of stay is 22 days, however that’s a little skewed since our radiation patients often stay for six to eight weeks,” Hackert said.
In order to stay at the Hope Lodge patients must meet some eligibility requirements, such as the patient must live at least 40 miles away from the treatment center, have an end date to their current plan, and be cleared by a physician of infectious diseases, among others. According to the Hope Lodge’s website, prospective guests need their physician or a member of their cancer health care team to fill out a Hope Lodge referral form.
Another major benefit for patients staying at the Hope Lodge is the breadth of cancer-related services and programs including support groups for general cancer support, breast cancer, head and neck cancer, as well as a group specific for female patients.
Get Involved
Hackert reiterated that the Hope Lodge is supported and funded entirely through donated funds and times. The nonprofit’s highly anticipated annual fundraiser—10th Anniversary Dancing for the Stars—is coming up on November 11, 2017 at the Coralville Marriott Hotel & Conference Center. The black tie event features delicious food, enticing auction, and the main entertainment: local celebrities dancing in routines choreographed by professional dancers. Interested in attending? Tickets are $100/person and $1,000/10 person table. Hackert also indicated they’re still searching for additional sponsors.
On the general donations front, Hackert said, “We’re always in need of paper products like office paper, toilet paper, paper towels.” He added that those interested in donating time should contact Lynn Johnson at Lynn.Johnson@cancer.org or by phone at 319-248-5400. “We always need general volunteers and drivers that drive patients to the hospital in a Prius donated by Toyota,” Hackert said. “We have volunteers at guest services—the front desk and people can make and bring in meals for the guests.” Hackert added that the volunteers just need to go through a short orientation.
Note: GoFisch is happy to feature Iowa nonprofits and the great work they do in our community. A feature does not indicate any client relationship. If you’re interested in having your nonprofit featured, please don’t hesitate to contact Gordon.
Gordon works with nonprofits and the donors who support them in a number of different ways, including coordinating complex gifts. If you’re a donor or donee looking to maximize the benefits of your charitable gift, contact Gordon at any time by email, Gordon@gordonfisherlawfirm.com, or by phone at 515-371-6077.
https://www.gordonfischerlawfirm.com/wp-content/uploads/2017/10/11139398_10152874341366903_7943125889812328225_n-e1509037525797.jpg355796Gordon Fischerhttps://www.gordonfischerlawfirm.com/wp-content/uploads/2017/05/GFLF-logo-300x141.pngGordon Fischer2017-10-26 11:54:362020-05-18 11:28:56Nonprofit Spotlight: Russell and Ann Gerdin American Cancer Society Hope Lodge
Recently a friend sent me an article from The New Yorker, “How the Elderly Lose Their Rights.” (While a long read, it’s worthwhile.) The piece focused on the tragic case of a Nevada couple—Rudy and Rennie North—who fell victim to a court appointed guardian who failed (terribly) to put the senior victims’ best interests first and asserted the little known situation where “Guardians can sell the assets and control the lives of senior citizens without their consent—and reap a profit from it.” At first this situation is a bit confusing. How can a couple, with grown adult children, be assigned as wards of a state-appointed conservator/guardian who is then in charge of making health, financial, and social decisions for the individuals?
Given the current and growing population of elderly in the U.S. the issue of court-appointed guardianship it’s an important subject. According to the Census Bureau, “residents age 65 and over grew from 35.0 million in 2000, to 49.2 million in 2016, accounting for 12.4 percent and 15.2 percent of the total population, respectively.” And, between 2000 to 2016, 95.2 percent of all U.S. counties experienced increases in median age.
What is a Guardian / Conservator?
To be able to protect yourself against such a situation, let’s establish what a guardian and/or conservator actually does and what are the causes for a conservator to be appointed. One person may be both the guardian and conservator and can be combined into a single court action. (Note: these definitions are applicable in the State of Iowa. In some states the words have different definitions and a “guardianship” in Iowa may be considered a “conservatorship” under the verbiage of a different state.)
Iowa Legal Aid offers a clear definition of the two terms:
“In a conservatorship:
The court appoints a person (the conservator) to control the property (or estate) of a ward.
A conservatorship deals with the person’s financial decisions.
In a guardianship:
The court appoints a person (the guardian) to control the person of the ward.
A guardianship deals with non-financial decisions such as where the ward lives and what type of medical care the ward gets.”
For simplicity’s sake, for the rest of the article we’ll just say guardian/guardianship, but know that could also include a conservator/conservatorship.
How does a Guardian get Appointed?
A guardian may be appointed if a court finds an individual incapacitated, which can be due to varied conditions like mental disorder, physical or mental disability, chronic abuse of drugs and/or alcohol, or physical illness. Basically if the court is convinced that a person lacks sufficient ability or understanding to communicate or make decisions in their best interest they could appoint a guardian for the continued supervision and care of the individual.
The process is such that a petition is filed in the prospective ward’s state with information regarding the proposed guardian, the guardian and ward’s relationship (if any), and other info on heirs. Any person deemed “competent” can be appointed as a guardian, so that could include an adult child/parent, spouse, or friend. It could also be a professional guardian entirely unrelated to the ward.
The legal standing for guardianship immigrated over to the U.S. colonies from England and is based on an English statute that’s survived for over 800 years. The state holds the power of parens patriae, “a duty to act as a parent for those considered too vulnerable to care for themselves.” Because this power is of the states and not federally regulated, there are disparate record keeping standards, sealed court records, and no databases of collective figures at the local, state, nor federal levels.
Potential Dangers of Guardianship
Guardianship in the U.S. straddles a fine line between protection and exploitation.
One of the major tenants of the concept of guardianship is “trust.” And, it’s true that there are great guardians who certainly work in the best interests of their charges. Most people assume the role of a guardian for good reason (like caring for a parent), but there are also substantiated cases where victims (largely senior citizens) were subjected to physical abuse, financial theft, and neglect. In a 2010 report, “Guardianships: Cases of Financial Exploitation, Neglect, and Abuse of Seniors,” the Government Accountability Office identified over 150 reported victims who had suffered a total of $5.4 million in stolen funds.
Guardianship has large potential for issues and consequences given the large quantities of people involved. Currently there over 1.5 million adults who live under the care of a guardian who is either a family member or unrelated professional. These guardians control an immense amount of assets to the tune of $273 billion. It’s also true that in the majority of states there are no qualifications to attain the status of guardian other than taking a course, having not declared bankruptcy recent, and not be convicted felon.
Another danger is that while guardianship could be terminated through a court hearing if it can be proved the need no longer exists, the ABA study also asserted the guardianship situation is typically permanent, leaving few ways out for the adults under care. Those who do try to fight against a court-appointed guardian often end up paying excessive amounts of money in attorney and court fees—some even going bankrupt in the process.
Additionally, the aging population of America places increased pressure on court resources which, in turn, can make it difficult for court appointmented guardians to have the optimal high level of oversight necessary. Thus, shady guardians can more easily slip through the cracks and continue to abuse the system and their wards’ assets.
How to Protect Against the Potential
It’s pretty safe to say that no one in their right mind would want a court-appointed guardian (particularly a stranger) to have control over your life. Especially in a way that they could legally:
Change your permanent residence to a more restrictive location.
Consent to withdraw life-sustain medical procedures.
Place restrictions on communications, visit, or interactions with another person.
Make decisions contrary to your wishes regarding general life in areas like recreational activities, clothing, and food choices.
As an example of the prospective consequences of these powers is how a guardian placing restrictions on whom their ward can interact with can result in isolating the ward from their family members. According to Elaine Renoire, a director of the National Association to Stop Guardian Abuse, a victims’ rights group, the top complaint she hears about guardians is how they can legally prohibit their wards from seeing or speaking to their loved ones.
The following legal and estate planning tools are proactive measures you can take today to avoid the potential of being subject to court appointed guardianship.
Health Care Power of Attorney
Health care power of attorney is one of the six main documents all Iowans should have as a part of their estate plan. It allows you to choose a designated representative to make medical decisions on your behalf if you are to become incapacitated either temporarily (such as under anesthesia) or permanently. If you cannot express your medical treatment wishes clearly and coherently, your agent could then make such wishes be known on your behalf. The designated agent also retains the right to receive your medical record information that would otherwise be inaccessible as it is protected under HIPAA laws.
Financial Power of Attorney
Similar to the health care power of attorney, financial power of attorney is a legal document that designates someone to handle your financial decisions and take actions like pay bills, settle debts, and sell property on your behalf if you become incapacitated and unable to do this yourself.
Trust
The number of different types of trusts are practically limitless and a trust could be a valuable estate planning protection tool in some situations. A successor trustee could be named and the document could be used as a safeguard for financial protection.
Proactivity is Key
By being proactive, you can be certain that someone you love and trust will be responsible with their guardianship powers and big/small life decisions, not the courts. Have these documents crafted by an experienced estate planner (not a DIY website) and keep them up-to-date as circumstances change. Luckily there are smart people in Iowa working toward policy change, such as the National Health Law and Policy (NHLP) Resource Center at the University of Iowa College of Law and their recent task force report citing 232 policy recommendations. But, the road toward substantial policy change is long and it’s best to have your own legal safeguards in place just in case.
Want to discuss guardianship further or get started on your powers of attorney documents? Contact me at any time.
https://www.gordonfischerlawfirm.com/wp-content/uploads/2017/10/cristian-newman-63291-e1508752768171.jpg32933955Gordon Fischerhttps://www.gordonfischerlawfirm.com/wp-content/uploads/2017/05/GFLF-logo-300x141.pngGordon Fischer2017-10-21 10:55:502020-05-18 11:28:56Court Appointed Guardianship: What it is & How to Protect Yourself
4 Lessons for Nonprofits From Iowa Hawkeye Win Over Over Ohio State
NonprofitsWhatever you can do to a Buckeye—shellack, roast, soak, toast, chop, peel, finely ground, boil, crush, smash, cut, peel, and wait for it…a-salt—the Iowa Hawkeyes did last night in a stunning 55-24 rout of Ohio State. Iowa didn’t just beat the number three ranked team in the nation, they dominated the entire game from the very first play, and on both sides of the ball.
This was an epic win. It will last forever in Iowa Hawkeye football lore.
As the mission of Gordon Fischer Law Firm is to promote and maximize charitable giving in Iowa, I can’t help but think the smart and gritty play of the Hawks last night hold lessons for nonprofits too. Here are four:
Don’t Stop Believin’
If the Hawks went into the game without believing, truly believing, that they could win, well, it simply would have been a self-fulfilling prophecy. Whether you are trying to snag new donors, put into place some long-needed policies and procedures, get approval from the IRS to become a nonprofit – whatever your goal – you’ve got to start with a belief in yourself and your organization that you can match the mission to the moment.
Think Outside the Box
The Iowa Hawkeyes used two trick plays last night. There was a fake punt (from inside their own 20-yard line!) and also move called the Polecat Play. When facing a formidable opponent, or formidable goal, maybe the same-ole’, same ole’ won’t work. You may need to get creative.
Now, remember, for nonprofits, when you say, “think outside the box,” that box is essentially the IRS. So get good legal counsel to be sure you’re not being too creative and are in fact in full compliance with all laws and regs. But, the right kind of creativity is sometimes necessary when facing long odds.
Get Your Crowd into the Game
You need your fans for that extra juice—that extra bit of adrenaline. While you may not be able to fill Kinnick Stadium with supporters, you do have many folks who’ll help you in a wide variety of ways, and sometimes moral support and cheerleading is just what you need.
Take It One Play (Day) At a Time
The odds may seem insurmountable. For example, you’ve been trying to tackle the redo of your governing documents forever, and you just can’t ever seem to get there. Remember to take it a day/play at a time. Break it down.
Say you want to revise your general Independent Contractor Agreement, last looked at in the 1970s when Bob Commings was the Iowa Hawkeye football coach? Start with small steps. Something like this would be a good drill:
Taking it one play at a time, suddenly revising major documents isn’t so overwhelming anymore.
I’d love to help coach your nonprofit to greater success. I offer a free one-hour consultation to anyone/everyone. Just email me at gordon@gordonfiscerlawfirm.com or call me on my cell at 515-371-6077. Together we’ll figure out a game plan that’s both sensible and affordable.
Nonprofit Spotlight: Russell and Ann Gerdin American Cancer Society Hope Lodge
NonprofitsFrom the outside looking in, with its lush landscaping and towering brick chimney, the Russell and Ann Gerdin American Cancer Society Hope Lodge in Iowa City gives an immediate impression that it’s a home. Which is what the facility does indeed become for the cancer patients receiving lifesaving treatments.
Hope Away from Home
Doors to the Hope Lodge opened in September 2008 following a $4 million donation from the Lodge’s namesakes, Russell and Ann Gerdin. (University of Iowa provided the land for the construction.) It was the first of its kind in Iowa and the 28th facility of its kind in the U.S. The Hope Lodge offers amazing service in the form of 28 private guest rooms free of cost to cancer patients (and their adult caregivers) undergoing active outpatient cancer treatment at area medical facilities: The Veterans Administration Medical Center, Mercy of Iowa City, or University of Iowa Hospitals and Clinics. The guest rooms each have a private bathroom and two beds, but the bedrooms are just the start when it comes to the other welcoming, inviting spaces.
Quinn Hackert, assistant manager of the Hope Lodge, said that the facility has a Midwestern “lodge-y” feel to it and has plenty of community spaces to encourage people to get out their rooms and “really get to know each other.” Guests can enjoy a community dining area, sit in two screened-in porches, computer room, laundry, library, exercise room, and cook meals in two complete kitchens. Musical groups and weekly potluck dinners are another community-building opportunity to take advantage of.
The level of service the Hope Lodge is able to offer is truly amazing with a small staff of 12 (most are part-time employees), they were able to offer 13,355 nights of free lodging in 2016. Hackert said the Hope Lodge is typically full; if that’s the case and a patient needs/qualifies for accommodations, the American Cancer Society hotel partner program is utilized until a Hope Lodge room opens up. The hotel partner program means hotels in the area can offer a room for free or a significant discount. “The average length of stay is 22 days, however that’s a little skewed since our radiation patients often stay for six to eight weeks,” Hackert said.
In order to stay at the Hope Lodge patients must meet some eligibility requirements, such as the patient must live at least 40 miles away from the treatment center, have an end date to their current plan, and be cleared by a physician of infectious diseases, among others. According to the Hope Lodge’s website, prospective guests need their physician or a member of their cancer health care team to fill out a Hope Lodge referral form.
Another major benefit for patients staying at the Hope Lodge is the breadth of cancer-related services and programs including support groups for general cancer support, breast cancer, head and neck cancer, as well as a group specific for female patients.
Get Involved
Hackert reiterated that the Hope Lodge is supported and funded entirely through donated funds and times. The nonprofit’s highly anticipated annual fundraiser—10th Anniversary Dancing for the Stars—is coming up on November 11, 2017 at the Coralville Marriott Hotel & Conference Center. The black tie event features delicious food, enticing auction, and the main entertainment: local celebrities dancing in routines choreographed by professional dancers. Interested in attending? Tickets are $100/person and $1,000/10 person table. Hackert also indicated they’re still searching for additional sponsors.
On the general donations front, Hackert said, “We’re always in need of paper products like office paper, toilet paper, paper towels.” He added that those interested in donating time should contact Lynn Johnson at Lynn.Johnson@cancer.org or by phone at 319-248-5400. “We always need general volunteers and drivers that drive patients to the hospital in a Prius donated by Toyota,” Hackert said. “We have volunteers at guest services—the front desk and people can make and bring in meals for the guests.” Hackert added that the volunteers just need to go through a short orientation.
Note: GoFisch is happy to feature Iowa nonprofits and the great work they do in our community. A feature does not indicate any client relationship. If you’re interested in having your nonprofit featured, please don’t hesitate to contact Gordon.
Gordon works with nonprofits and the donors who support them in a number of different ways, including coordinating complex gifts. If you’re a donor or donee looking to maximize the benefits of your charitable gift, contact Gordon at any time by email, Gordon@gordonfisherlawfirm.com, or by phone at 515-371-6077.
Court Appointed Guardianship: What it is & How to Protect Yourself
Estates & Estate Planning, Powers of Attorney, Wills, Trusts & EstatesRecently a friend sent me an article from The New Yorker, “How the Elderly Lose Their Rights.” (While a long read, it’s worthwhile.) The piece focused on the tragic case of a Nevada couple—Rudy and Rennie North—who fell victim to a court appointed guardian who failed (terribly) to put the senior victims’ best interests first and asserted the little known situation where “Guardians can sell the assets and control the lives of senior citizens without their consent—and reap a profit from it.” At first this situation is a bit confusing. How can a couple, with grown adult children, be assigned as wards of a state-appointed conservator/guardian who is then in charge of making health, financial, and social decisions for the individuals?
Given the current and growing population of elderly in the U.S. the issue of court-appointed guardianship it’s an important subject. According to the Census Bureau, “residents age 65 and over grew from 35.0 million in 2000, to 49.2 million in 2016, accounting for 12.4 percent and 15.2 percent of the total population, respectively.” And, between 2000 to 2016, 95.2 percent of all U.S. counties experienced increases in median age.
What is a Guardian / Conservator?
To be able to protect yourself against such a situation, let’s establish what a guardian and/or conservator actually does and what are the causes for a conservator to be appointed. One person may be both the guardian and conservator and can be combined into a single court action. (Note: these definitions are applicable in the State of Iowa. In some states the words have different definitions and a “guardianship” in Iowa may be considered a “conservatorship” under the verbiage of a different state.)
Iowa Legal Aid offers a clear definition of the two terms:
“In a conservatorship:
In a guardianship:
For simplicity’s sake, for the rest of the article we’ll just say guardian/guardianship, but know that could also include a conservator/conservatorship.
How does a Guardian get Appointed?
A guardian may be appointed if a court finds an individual incapacitated, which can be due to varied conditions like mental disorder, physical or mental disability, chronic abuse of drugs and/or alcohol, or physical illness. Basically if the court is convinced that a person lacks sufficient ability or understanding to communicate or make decisions in their best interest they could appoint a guardian for the continued supervision and care of the individual.
The process is such that a petition is filed in the prospective ward’s state with information regarding the proposed guardian, the guardian and ward’s relationship (if any), and other info on heirs. Any person deemed “competent” can be appointed as a guardian, so that could include an adult child/parent, spouse, or friend. It could also be a professional guardian entirely unrelated to the ward.
The legal standing for guardianship immigrated over to the U.S. colonies from England and is based on an English statute that’s survived for over 800 years. The state holds the power of parens patriae, “a duty to act as a parent for those considered too vulnerable to care for themselves.” Because this power is of the states and not federally regulated, there are disparate record keeping standards, sealed court records, and no databases of collective figures at the local, state, nor federal levels.
Potential Dangers of Guardianship
Guardianship in the U.S. straddles a fine line between protection and exploitation.
One of the major tenants of the concept of guardianship is “trust.” And, it’s true that there are great guardians who certainly work in the best interests of their charges. Most people assume the role of a guardian for good reason (like caring for a parent), but there are also substantiated cases where victims (largely senior citizens) were subjected to physical abuse, financial theft, and neglect. In a 2010 report, “Guardianships: Cases of Financial Exploitation, Neglect, and Abuse of Seniors,” the Government Accountability Office identified over 150 reported victims who had suffered a total of $5.4 million in stolen funds.
Guardianship has large potential for issues and consequences given the large quantities of people involved. Currently there over 1.5 million adults who live under the care of a guardian who is either a family member or unrelated professional. These guardians control an immense amount of assets to the tune of $273 billion. It’s also true that in the majority of states there are no qualifications to attain the status of guardian other than taking a course, having not declared bankruptcy recent, and not be convicted felon.
The American Bar Association published the statement that “an unknown number of adults languish under guardianship” even if they no longer have the need for someone to make decisions for them (or never did).
Another danger is that while guardianship could be terminated through a court hearing if it can be proved the need no longer exists, the ABA study also asserted the guardianship situation is typically permanent, leaving few ways out for the adults under care. Those who do try to fight against a court-appointed guardian often end up paying excessive amounts of money in attorney and court fees—some even going bankrupt in the process.
Additionally, the aging population of America places increased pressure on court resources which, in turn, can make it difficult for court appointmented guardians to have the optimal high level of oversight necessary. Thus, shady guardians can more easily slip through the cracks and continue to abuse the system and their wards’ assets.
How to Protect Against the Potential
It’s pretty safe to say that no one in their right mind would want a court-appointed guardian (particularly a stranger) to have control over your life. Especially in a way that they could legally:
As an example of the prospective consequences of these powers is how a guardian placing restrictions on whom their ward can interact with can result in isolating the ward from their family members. According to Elaine Renoire, a director of the National Association to Stop Guardian Abuse, a victims’ rights group, the top complaint she hears about guardians is how they can legally prohibit their wards from seeing or speaking to their loved ones.
The following legal and estate planning tools are proactive measures you can take today to avoid the potential of being subject to court appointed guardianship.
Health Care Power of Attorney
Health care power of attorney is one of the six main documents all Iowans should have as a part of their estate plan. It allows you to choose a designated representative to make medical decisions on your behalf if you are to become incapacitated either temporarily (such as under anesthesia) or permanently. If you cannot express your medical treatment wishes clearly and coherently, your agent could then make such wishes be known on your behalf. The designated agent also retains the right to receive your medical record information that would otherwise be inaccessible as it is protected under HIPAA laws.
Financial Power of Attorney
Similar to the health care power of attorney, financial power of attorney is a legal document that designates someone to handle your financial decisions and take actions like pay bills, settle debts, and sell property on your behalf if you become incapacitated and unable to do this yourself.
Trust
The number of different types of trusts are practically limitless and a trust could be a valuable estate planning protection tool in some situations. A successor trustee could be named and the document could be used as a safeguard for financial protection.
Proactivity is Key
By being proactive, you can be certain that someone you love and trust will be responsible with their guardianship powers and big/small life decisions, not the courts. Have these documents crafted by an experienced estate planner (not a DIY website) and keep them up-to-date as circumstances change. Luckily there are smart people in Iowa working toward policy change, such as the National Health Law and Policy (NHLP) Resource Center at the University of Iowa College of Law and their recent task force report citing 232 policy recommendations. But, the road toward substantial policy change is long and it’s best to have your own legal safeguards in place just in case.
Want to discuss guardianship further or get started on your powers of attorney documents? Contact me at any time.