As the use of non-bank case management agencies and corporate or non-family fiduciaries in guardianship continues to expand, attorneys must navigate complex legal and procedural challenges that they may not encounter regularly. This session will explore lesser-known aspects of working with public guardians, state guardians, banks, trust companies, and private case management agencies. We will discuss critical issues such as what happens to a power of attorney when the Office of the State Guardian or Public Guardian is appointed for only the person or estate, the cost disparities between different fiduciary options, and when guardians are willing to co-serve with individuals or financial institutions. Additionally, we will address common mistakes in petitioning for a public guardian, whether a public guardian can serve as a trustee, and key benefits and drawbacks of working with each type of fiduciary.
Originally presented as part of the Guardianships Institute 2025 Course.
Credits: 1 General, 0 Diversity/Inclusion PR, 0 MH/SA PR, 0 Other PR
Expires 8/1/2027
As the use of non-bank case management agencies and corporate or non-family fiduciaries in guardianship continues to expand, attorneys must navigate complex legal and procedural challenges that they may not encounter regularly. This session will explore lesser-known aspects of working with public guardians, state guardians, banks, trust companies, and private case management agencies. We will discuss critical issues such as what happens to a power of attorney when the Office of the State Guardian or Public Guardian is appointed for only the person or estate, the cost disparities between different fiduciary options, and when guardians are willing to co-serve with individuals or financial institutions. Additionally, we will address common mistakes in petitioning for a public guardian, whether a public guardian can serve as a trustee, and key benefits and drawbacks of working with each type of fiduciary.
