b'TO THE WORLD, YOU MAY BE ONE PERSON; BUT TO ONE PERSON, YOU MAY BE THE WORLD.- DR. SEUSSSometimes in Court, I watch the cases being heard beforeor have a special needs child, you may have some additional mine.Once, an elderly woman with dementia was refusing todecisions to make.That means we need to talk to our parents surrender her drivers license.Her adult children were petrifiedabout their plan (or lack thereof!)that Mom still drove, since she would drive somewhere andBefore broaching the topic, adult children should know what then forget how to get home.The children would disable herinformation to seek.It helps to know who will make decisions car so that it wouldnt start, but resourceful Mom would thenfor Mom or Dad once they can no longer make them.Some rent cars from Enterprisethey pick you upand the processother important things are: who can get Mom or Dads medical would repeat itself.The Court agreed that Mom should notrecords?Whatdoestheparentshealthinsurancecover? drive and took away her drivers license. Do they have life insurance?Have they made a list of the On another occasion, a man was obtaining guardianship overbrokerage firms and banks they do business with?Where are his 18-year-old mentally disabled nephew.The Judge askedtheir important papers?Teenager who he wanted to take care of him, and the boy threwThe next time you sit down with your parents, visit a financial his arms around his uncles neck and hugged him.The ear- planner, or see a tax professional, think: is my estate plan where to-ear smile on the teenagers face as he departed touched theI need it to be?heart of everyone in the courtroom.Mom and Teenager are examples of guardianship at work. Editors Note: Reach Colin Smith at colin@colinsmithlaw.com Guardianship is the legal process by which an adults civil rightsor call 972.773.9095. www.ColinSmithLaw.comare taken away and given to another.In other words, Mom and Teenager are children again in the eyes of the law, in the sense that they need guardians to make decisions for them.Despite their difficult predicaments, Mom and Teenager are fortunate to have family members to care for them.Too often, we take that for granted.While the good cases warm a lawyers heart, the bad onesBEFORE BROACHING THE are truly gut wrenching.For example, Dad gets dementia, and one of his children convinces himself that Dad would have wanted him as a guardian.Invariably, these situationsTOPIC, ADULT CHILDREN may involve theft, assault, undue influence, elder abuse, and kidnapping, to name a few.Ultimately, one (or more) familySHOULD KNOW WHAT memberstrytotakeadvantageofthepersonforfinancial gainor just to make another family members life miserable. When the dust settles, Dad has little to no estate left to speakINFORMATION TO SEEK.IT of because of the legal fees, and the family relationships are permanently fractured.Dont assume this just happens to theHELPS TO KNOW WHO WILL wealthy; in some cases, the bad actors are after a mere $200/month pension or a personal vendetta against a late-life spouse.A lot of these situations can be preempted by good estateMAKE DECISIONS FOR MOM planning.Powerofattorneydocuments,trusts,wills,and declarations of guardianship can be used to defend against badOR DAD ONCE THEY CAN NO acts or prevent them.These documents, at their core, answer one simple question: who do you trust to make these decisions for you when you can no longer make them?Its hard to imagineLONGER MAKE THEM.giving up control of such precious and personal decisions, but its a far worse thought to imagine having a family fight over who should have such power.If you care for aging parents GoodLifeFamilyMag.comAPRIL 202045'