Wills, Trusts & Estates Prof Blog

Editor: Gerry W. Beyer
Texas Tech Univ. School of Law

Monday, August 30, 2010

Guardianship Expert Sharon Gardner Authors Guardianship Blog

Gardner_Sharon

One of the foremost experts in guardianship law in Texas, Sharon Gardner (Shareholder, Crain, Caton & James, Houston, Texas), is now authoring a blog entitled Gardner on Guardianships.

This blog should prove to be useful to attorneys and lay individuals alike.

https://lawprofessors.typepad.com/trusts_estates_prof/2010/08/guardianship-expert-sharon-gardner-authors-guardianship-blog.html

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Comments


I am looking for an expert that can advise if we have a new devlopment in guardianship that can be extremely dangerous
to the AIP's.

Scenerio: Nursing home petitions for guardianship of property of an alleged incapacitated resident citing attorney -in-fact breach of fiduciary duty ( failure to pay 100K bill). A decision is rendered 10 months later which does not decifer whether person is in fact incapacitated or the validity of the power of attorney - which is the cornerstone of guardianship. I believe the petition did not question the validity of the POA. You will see why

Because the petitioning nursing home does not want to be responsible for guardianship costs - again this has been established by case law. They just want to use it as a means of debt collection and then withdraw. In this casedetrimental because the AIP was admitted to the nursing home facility without advance directives - and due to stroke's severe cognitive deficits unable to do so. Ah enter son with an attorney who say here mom sign this. Ahh we don't need a guardianship we have valid power of attorney + nursing home just wants an approved medicaid application and a stream of payment + compliant judge = IAP funds transferred medicais eligible - withdraw everybody go home.

I call this the guardianship that never happened. The best part of the scene is of course the IAP's spouse with questionable capacity and under duress is now under siege from the son and attorney - here dad sign this! OMG

Posted by: Lorelle Walshe | Oct 18, 2012 3:48:08 PM

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