Can You Take Steps To Prevent This From Happening To You.


  1. You can place assets in trust and designate a successor trustee to manage the trust assets in the event of their incapacity, a guardianship/conservatorship could potentially be avoided.
  2. You can designate someone via his/her estate planning documents to act as guardian in the event of his/her incapacitation. This way, even if cede control of your finances to a guardian, it would be to a guardian of your choice.
  3. You can grant durable power of attorney to someone or an institution.

However, even if appropriate safeguards are taken, you may not be guaranteed that a guardianship/ conservatorship requested by you will be followed. Remember, the person designated as guardian, power of attorney, trustee or successor trustee could be unfit to fulfill their obligations trustee or guardianship duties.

Additionally, they could refuse to act or have criminal or credit histories that prevent them from serving under Florida law. Furthermore, in some cases, the person you have designated, could be perpetrating the financial abuse themselves against you and they can be ruled incompetent rendering them unfit to act.

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