Elder guardianship case in Pennsylvania demonstrates flaws in system

Renowned investigative reporter Diane Diamond recently profiled the case of a 94-year-old Pennsylvania woman allegedly in full mental health, yet declared incapacitated by a judge, and now feeling trapped like a prisoner under the control of an assigned guardian. Elder/Guardianship abuse stories like this are so sad, and are unfortunately far too common. In Texas there is a simple form you can complete called the Declaration of Guardian in the Event of Later Incapacity. It allows you to instruct a judge in a future proceeding who you want to serve as your guardian should you be declared incapacitated. You can also expressly disqualify people from serving as your guardian. Executing this document won’t prevent an incorrect determination of incapacity, but should ensure that you, and not a judge, determine your guardian.

 

 

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