What is the problem with guardianship, or conservativeship?

    Published: 06-16-2009
    Views: 12,972
    Estate Expert William Conway discusses what is the problem with guardianship, or conservativeship.

    Host: What is the problem with guardianship or conservativeship?

    William Conway: The problem with conservativeship and guardianship is that we should never be there and we should never be there because it is a court process. Many people believe that because they are married or because they have a son or daughter that is actually on a bank account with them as a Joint Tenant with Rights of Survivorship or has some signatory powers, that that person can control and direct all property. But in point of fact that is not the case. Your property can only be controlled and directed by you or by others that you permitted to be able to control and direct the property in a writing prior to the event of disability or incapacity.