You may have seen the Netflix blockbuster I Care a Lot written and directed by J Blakeson. The film follows a con woman who makes a living as a court-appointed guardian, seizing the assets of vulnerable elderly people, including the mother of a dangerous gangster.
Most people haven't even thought about who they want to make decisions for them should they be unable to do so in the future. They work too hard and are too busy to think about this. But not everyone is fortunate enough to have someone else (i.e., guardian or conservator) make decisions for them if they become incapacitated. In this article, I'll explain how you can potentially avoid being forced into guardianship or conservatorship by planning ahead of time!!
In the Movie “I Care A Lot” Marla is a professional, court-appointed guardian for dozens of elderly wards whose assets she seizes and cunningly bilks through dubious but legal means. Marla's latest "cherry" is Jennifer Peterson -- a wealthy retiree with no living heirs or family. But turns out to have an equally shady secret of her own and connections to a volatile gangster (Golden Globe winner Peter Dinklage) which makes for a thrilling story that makes for a strong contender for your next movie night if you haven't seen it already.
Something that might surprise you about this movie is that”” it's not actually based on any, one scam. And while Marla Grayson is also, technically speaking, not a real person, her story is based on numerous scams that target the wealth and independence of older, vulnerable Americans who may be grappling with memory loss or other cognitive decline.
So unless you are in fact secretly related to a gangster that can come and save you if you find yourself locked up in a care facility and have all that you spend a lifetime working for seized, then it may be a great idea to plan accordingly with a durable power of attorney and health care proxy.
Power Of Attorney:
With A Durable Power of Attorney ("POA") you designate a person to manage your real estate, bank accounts, and other assets. Without the POA, your family would need a Probate Court Conservatorship authority to manage your financial and business affairs. POA saves your family from having to go to Court.
Health Care Proxy:
The person you designate as “Agent” in your Health Care Proxy has authority over your health care and treatment if you cannot speak for yourself. Without a Health Care Proxy, your family would need to petition the Probate Court for Guardianship in order to talk with hospitals and doctors about your care.