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A Family’s Guardianship Nightmare — And How It Could Have Been Avoided

A true story about how waiting too long led to court, conflict, and thousands in unnecessary costs

A Family’s Guardianship Nightmare — And How It Could Have Been Avoided

We once worked with a family who waited too long.

Their father had been diagnosed with Alzheimer’s.
It was progressing slowly at first — and they all assumed there was still time to get things in order.
They found the old documents. They talked about scheduling a meeting.
But other things got in the way. Life was busy.

Then one day, it wasn’t safe for Dad to manage things anymore.
His memory was slipping fast.
He needed help — with finances, with care decisions, with everything.

And by then, it was too late.

They thought they had more time — but by the time Dad needed help, the court had to step in.

Because there were no up-to-date legal documents in place, the family had to file for guardianship.
That meant:

  • Paying attorneys

  • Attending public court hearings

  • Letting a judge decide who would take over

The process was long.
It drained thousands of dollars.
And worst of all, it stirred up conflict between the siblings — who didn’t all agree on how things should be handled.

The stress, the tension, the cost… none of it would’ve happened if basic documents had been signed earlier.

That’s the part that still haunts them.

A power of attorney.
A designation of healthcare surrogate.
A simple, clear plan for what to do if Dad couldn’t speak for himself.

That’s all it would have taken to avoid the court process entirely — and to keep the family in control.

Here’s the truth:
Guardianship doesn’t just take away your choices.
It creates pressure, conflict, and legal red tape for the people you love.

The good news?
It’s preventable.

With the right planning — done early — your family can stay out of court and in control.

Don’t wait for a crisis.
Plan now, while you still have the chance.

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Craig R. Hersch

  • Senior Partner,
    • Sheppard Law Firm
  • Florida Bar Board Certified Estate Planning Attorney / CPA
  • Editorial Advisory Board Member,
    • Trusts & Estates Magazine
  • Founder & Board Member,
    • State Chartered Trust Company