Attorney-CPA Joe Cordell and co-host Susan Arthur break down the history of a Durable Power of Attorney and explain that a guardian refers to the care of the physical person, as well as the person appointed to make decisions about personal care, where you live, etc. Joe also describes how a conservator is in charge of taking care of your assets.
He highlights the protective mechanisms and precautions built within the court when it comes to the appointment of guardianship and conservatorship. Joe and Susan discuss the difference between being incompetent and being bad with money, as well as the liabilities that family members may have when taking on one of these roles for a loved one.
Joe dives into what negligent entrustment is and how the foreseeability of something bad happening can play a factor in what someone in a role like a guardian or someone with a durable Power of Attorney is liable for.