My elderly friend "Jenny" (78 years old) is a childless widow. Her estate
is rather large. She has designated me as agent in her financial and medical POAs
. "Jenny" is mentally and physically competent but she has begun to have "senior moments": forgetting where she laid her pocketbook down, repeating a story, etc.
We have just learned that her cousins (her nearest relatives) have witnessed this and are now going to petition the court for guardianship of Jenny. These relatives have not called, visited, or reached out to "Jenny" in some time. She truly believes (as do I) that their sole purpose in obtaining this guardianship is to obtain control over "Jenny's" estate.
She and I were talking of ways in which to prevent the guardianship from even being attempted. Our only solution sounds extreme but we feel her health and safety are in jeopardy. We want to make the guardianship as "unattractive" as possible; hence, she would gift ALL of her property to her "Sally," her best friend of 66 years ("Sally" has already been named sole beneficiary of "Jenny's estate in "Jenny's will).
I am 25 years younger than "Jenny" and "Sally" and financially able to provide for "Jenny" regardless of expense so this would not be an issue. I simply want to make sure that "Jenny's" wishes are carried out.
Would this be a legally viable solution? Are there alternative solutions? We will be meeting with "Jenny's" attorney next week but time is of the essence and I didn't know if we needed to continue to search for solutions.
If we chose, instead, to create a trust for her upkeep, would the guardianship allow access to that trust? Thank you and God Bless
State/Country relating to question: Georgia