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Are professional guardians a good choice?

On Behalf of | Jul 22, 2020 | Estate Administration

When assigning guardianship over an adult, the courts will always look to family members first. It wants to ensure what is best for the individual and the general thought is that family is the most likely to achieve that.

However, AARP explains that when there is no family to serve as the guardian, the court may choose a professional guardian. You may find yourself in this situation with a loved one who you are unable to serve as a guardian. It can be difficult to hand over control to someone you do not know and may leave you wondering if it is the right thing to do.

Typical issues

When a professional guardian does not do his or her duties correctly it often ends with embezzlement of funds or theft and neglect. In some cases, the guardian may even commit the person to an institution, making it very difficult for you to contact him or her.

Long battle

If you feel something is not right with the situation, you can contest the guardianship. You should be ready for a long process, though. It can take a while to get before the court. Even then, many actions you may see as being a failure of duty may not break any laws, leaving the court unable to do anything.

Failure of duties

Most of the issues with guardians not fulfilling their duties or abusing their power are at the hands of family members appointed to the position. However, professional guardians are not always innocent, and they often become big news when they mess up.