Thursday, February 08, 2007

Guardianship Cases

Over time, lawyers develop specialties in their practice, and sometimes go for long periods doing only one sort of case. For some reason, for the last couple of years, my pro bono cases have all been guardianship cases. I like them fine, I guess. I try to focus very hard on getting everybody possible on board before I file an action to commence a guardianship, so that the needs of the ward are met, and the family is in agreement. When I can't get agreement from everybody, and sometimes you just can't, I try to be sure I'm on the right side of the argument. This process is particularly difficult when dealing with end of life issues for the parent of a disabled person.
I think it's often frustrating for siblings to come to terms with the fact that one of their number has special needs, and is going to get a special estate deal, and that deal might be better than their deal. Sort of the "Mom always liked you best" problem.
For the parents, it's not that they always liked "you" best, but that "you" needed them more, and will have greater needs after they die. But it doesn't mean the siblings have to like it, or be particularly happy about having to provide the moral and possibly economic and guardianship support to their sibling that their parents have provided. But they generally do it, often with extraordinary care and grace, sometimes grudgingly, but only occasionally not at all.

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