The theory behind guardianship is to protect incapacitated people. This relationship, however, can place the incapacitated person in a vulnerable position because not all guardians have good intentions. In response to this problem, recent changes have been made to guardianship laws in 18 states, including guardian background checks and improved access to the incapacitated person. Even with these changes, guardianship still presents challenges, which is why it is important to plan ahead and choose your guardian rather than allowing the court to do so.
See The Pros and Cons of Court Ordered Guardianships, Wealth Management, June 14, 2016.
