061517 SWB DIGITAL EDITION

www.SouthwestOrlandoBulletin.com x June 15 - July 5, 2017 x 7
What is a
Court Appointed
Guardian?
By Kristen M. Jackson
Attorney
Martha, a 75 year old widow, fell in her own home and was unable
to get up. Two days later, Martha’s next door neighbor happened to hear
yelling and crying coming from Martha’s home. The neighbor peered in
through a window and saw Martha lying on the floor in an incapacitated
state. Realizing she needed immediate help, the neighbor called 911. The
police and an ambulance arrived, entered the home and carried Martha to
the hospital emergency room. Martha was diagnosed with a broken hip.
From that point Martha’s well being took a downward spiral. Martha’s
doctor learned that she lived alone and was partially blind. Although she had
all of her mental faculties, following a hip operation she would need physical
therapy. Martha said she had no living care documents and no living relatives
with whom she maintained a close relationship other than a granddaughter.
After several unsuccessful attempts to contact the granddaughter the doctor
contacted the Department of Children and Families (DCF). Because
Martha was unable to care for herself, DCF petitioned the court to appoint
a Professional Guardian for Martha. Once a Guardian was appointed,
Martha’s life dramatically changed.
After visiting Martha’s home and witnessing complete disarray,
such as filthy dishes, spoiled food, unattended cats, cat feces throughout
the home, and much more, the Guardian having authority over Martha’s
health and financial well being, reported to the court that Martha should not
return home and placed in an assisted living facility.
Martha argued to the court she wanted to go home and not to be
placed in an assisted living facility as suggested by her Court Appointed
Guardian. Even though Martha had all of her mental faculties, the court
sided with the Guardian stating that because of Martha’s physical disability,
partial blindness and the condition of her home Martha should be placed in
an assisted living without any hope of ever returning home.
In order to pay for Martha’s living expenses or subsequent costs
for application for Medicaid benefits, the Guardian sold Martha’s home,
liquidated her bank accounts and set up a trust account to pay for the
guardian’s salary, assisted living facility and any Medicaid costs that may
become necessary.
Could Martha have avoided the need for a Court Appointed
Guardian and retained ownership of her home and other assets? Could
Martha have returned home after her surgery rather than being placed in an
assisted living facility? The answer to these questions is yes.
Had Martha prepared living care documents such as a Preneed
Guardian, Health Care Surrogate and a Durable Powers of Attorney naming
someone she trusted to assist her in her time of need,
she could still be living at home in control over
her own life and assets. To find out more about
living care documents contact an experienced
elder law and estate planning right away.
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With or without a Last Will, in order to obtain assets, pay debts and
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deceased’s estate requires the assistance of an attorney to manage the
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(407)363-9020 www.JacksonLawPA.com
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Kristen Jackson
Attorney At Law