In situations where you lack the capacity and do not possess a power of attorney, the Office of the Public Guardian and Trustee intervenes. This governmental body is tasked with safeguarding individuals in vulnerable positions. Your finances are handed over to the Public Guardian to ensure your protection. Should you have family or relatives, they are required to petition the court since they do not possess your power of attorney. This necessity arises as they must be legally appointed by a judge as the guardian for managing your property.

The process of securing this court appointment takes several months and incurs substantial costs, often amounting to thousands of dollars. The government’s involvement in your financial matters might not be welcomed universally. It is possible for you to express objections. Additionally, your relatives may feel compelled to contest the involvement of the Public Guardian through the court system. Legal representation will be essential for all parties involved, along with the need for experts to establish whether you are capable of managing your own affairs. The financial burden for this legal process falls upon your relatives who must navigate through extensive paperwork. Furthermore, providing medical evidence of your ability to handle your finances becomes crucial. Engaging in court proceedings could significantly deplete your bank account, often costing tens of thousands of dollars.

What if you lack the financial means to engage in this legal battle?

If financial constraints are a concern, your court-appointed guardian might decide that you cannot continue living in your current residence and could potentially sell it. Moreover, they could relocate you to a care facility without necessarily considering your preferences. (This could have been avoidable if you had chosen an attorney who would honor your wishes.) Your court-appointed guardian might redirect you to a care home, making decisions about your living situation without your active input.

Consider the scenario where you had previously signed a power of attorney. In such cases, your appointed attorney would have been authorized to make decisions on your behalf. This highlights the fundamental distinction between an “attorney” as a decision-maker and the term “lawyer.” An attorney acts as your representative to make choices in your stead.

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