Here Are Some Signs That Someone You Know Is in Custody
Michael Oher, the subject of the popular 2009 film The Blind Side, claimed that the core of the story was based on a lie. Although the film depicts a wealthy family adopting him in good faith, Oher argues that it was actually Tuohy’s family who set up a guardianship that disenfranchised him.
If you haven’t been following Oher, you may remember the term “guardianship” making headlines as part of the #FreeBritney movement, which sought to free Britney Spears from her guardianship. Thankfully, the pop star did indeed get released from custody in the fall of 2021, ending a 13-year arrangement that legally left Spears free to make her own personal and financial decisions.
So what is conservatism? While the arrangement is intended to protect vulnerable individuals, guardianship can be abused to take advantage of guardianship. Here’s how you can spot signs that someone you know might be in care so you can offer appropriate support and help.
What is conservatism?
Guardianship is a legal agreement that grants an appointed person, known as a guardian, the right to manage the personal and financial affairs of another person, known as a guardian, who is deemed incapable of making those decisions on his own.
While many have learned about custody in the context of Oher and Spears, the arrangement is not limited to celebrities. There are many situations where a family member or friend may need a guardian or caregiver. Some examples from LawHelp.org :
- The one who is in a coma.
- Someone mentally retarded.
- Someone who has Alzheimer’s disease or other forms of dementia.
- Someone who has had a stroke.
- Someone who has suffered a traumatic brain injury.
In fact, guardianship may be necessary if an illness, injury, or disability would make it difficult or impossible for you to make decisions about your health, money, position, or other personal matters.
So yes, guardianship is a powerful legal tool that protects those who need it most. Unfortunately, any arrangement that deliberately deprives a person of the ability to make their own decisions is often an abuse.
In addition to high-profile cases of abuse, guardianship can be used to exploit the elderly or people with disabilities . Let’s take a look at some of the signs that someone you know may be the victim of wrongful custody, according to estate planning firm Trust & Will .
Sudden changes in independence
One of the most visible signs of guardianship is when a person who was once able and independent suddenly loses the ability to make decisions or manage their own affairs. They may have difficulty performing basic tasks such as paying bills, making health care decisions, or even maintaining personal hygiene. If you see a significant decline in their self-sufficiency, this may be a red flag.
Isolation and limited communication
Canned individuals may experience restrictions in communication and interaction with other people. If you notice that a person has become isolated from friends, family, or their usual social circle, this may indicate that their caregiver controls their interaction. Be wary if you find that they can only communicate through a specific channel or under supervision.
Unusual financial changes
Guardianship often involves financial oversight, and you may notice unusual changes in a person’s financial situation. This may include sudden changes in spending habits, unexplained financial transactions, or difficulty accessing your own funds. Watch for signs of financial exploitation or mismanagement.
Lack of autonomy in medical decisions
Where guardianship extends to health care decisions, the guardian may have limited control over their own health care. If you notice that a person is unable to make decisions about their treatment options or is being prevented from seeking a second opinion, this may indicate guardianship.
Emotional distress and fear
Individuals inappropriately cared for may show signs of emotional distress, anxiety, or fear. They may hesitate to openly discuss their situation, or they may appear unusually fearful in front of their caregiver or other people who care about them. Be alert to any changes in their emotional well-being.
Unexplained changes in life situation
If someone you know suddenly changes their life situation, such as being transferred to a care facility or to an unfamiliar place without a clear explanation or consent, this could be a sign that guardianship is in effect. Abrupt changes in living conditions should be of concern, especially if they seem to be contrary to the wishes of the person.
bottom line
Recognizing the signs that someone you know is in care is important to ensure their well-being and protect their rights. If you suspect that a guardianship is being abused or that a person is not benefiting from it, it is essential to seek legal advice and support to ensure that their rights are respected. Always approach the situation with empathy and sensitivity, as custody can be difficult and emotionally charged. Your support and advocacy can make a huge difference in the life of someone who is under inappropriate or unnecessary custody.