Why does an Incapacitated individual have the right to squander money foolishly, and not be forced to pay their legitimate debt?

Mar 15, 2010

The reason I'm asking is because this person's legal guardian is giving them lots of money, and is not leaving enough to pay back a loan this person signed for, which will cause the home to go into foreclosure. The bank, and ultimately society will have to pay, while this person wastes money, with no regard for moral or legal obligations. This seems so wrong to me. Should family challenge the guardian's actions?

NancyH

Mar 15, 2010

Seems to me that just because someone is sick/demented/dying whatever, they ought to be paying their bills instead of adding up new ones. All the rest of us when we live beyond our means, have it bite us in the rear end if we don't right?. Obligations are obligations I think. So yeah, someone needs to blow the whistle on this person that is doling out money to someone who doesn't expect to ever pay it back. I bet if the person shoveling out the money didn't get paid there would be a change!

SecretSister

Mar 15, 2010

Thank you for your comment. I am concerned for moral reasons, and it seems a lack of responsible action. This person is not paying bills on time, either. As former guardian (and daughter), I would have been hamstrung if I attempted that. Why does a court-appointed official have a different set of rules. Don't you just love our bureaucratic system? They are making money to act as guardian, but are not fulfilling duties in a responsible manner. In fact, they are vacationing, leaving me to pay the bills in a timely fashion. This is incredulous to me! If it didn't cost me money to speak with an attorney, I would. I may have to, anyway, or petition the court to investigate. A Social Worker friend told me this person pays many of her ward/client's bills late. When that incurs late charges, it should not have to come out of the Incapacitated person's funds, as it was not their fault, but the guardian's. I am so not happy with this! A mistake is one thing, but neglect and irresponsible behavior is another matter entirely. It grieves me that our current system is so broken, and this type of thing can happen to innocent folk. I would like to lobby for change.

NancyH

Mar 15, 2010

I think I smell a rat with the new guardian. Aren't there lawyers that do pro-bono work?