The government is a very, very scary thing. Because I'm disabled, I've had many encounters with the faceless and all powerful hand of the government, sometimes it feels like they'd want a medical certificate just to allow people like me to keep breathing. But paradoxically, I believe in a fairly strong government, I think it's best to have an organization at the top which is explicitly defined to serve the need of the people, rather than whatever would rise to the top in its stead. As long as one remains aware of how terrifying the government can be and is willing to go out and throw a few bricks at government buildings. I think it's served us well, comparing my country to the rest of the word.
Government contractors introduce horrible conflicts of interest at every level. The US used to get projects done early and under budget before contracting took over, but that doesn’t make anyone wealthy.
Private individuals run into the tragedy of the commons.
etc etc
You might make a case that federal employees would do better than 3rd parties, but this beside the point I am trying to make.
You cant have abusive legal guardianships without state involvement, contractors or not.
So, my point is if you can’t trust people, companies, or the government then what’s left? IMO, the best option is to simply limit the number of things we need to trust. You don’t need to trust news organizations for them to act as a balance on government corruption. That only goes so far, but it’s still useful.
In this case, if durable legal guardianship against the wishes of the ward did not exist, there would be no need to trust anyone, the government or otherwise.
To be clear, what I'm proposing in this case is that nobody can have their assets seized without their permission.
Similarly, I don't have to invest trust in my underwear stain inspector, governmental or otherwise because nobody has the right to stop me inspect my underwear.
To be clear I am not saying government is the right solution, just that the problem does exist. Not just because people get taken advantage of but because taxpayers gets stuck taking care of people who have lost everything.
PS: Being able to trust children is one solution that works at the individual level, but it unfortunately doesn’t scale.
I think that is a crucial difference morally, legally, and politically.
It is one thing to give up your own autonomy because you don't trust yourself, which is entirely reasonable.
It is another thing to give up everybody's personal autonomy because you don't trust yourself.
Giving the government the power to strip someone's rights and place them in guardianship I'm sure avoid some elder abuse and suffering.
My point is that I don't think it is ethical for those who want this protection to make that decision for everyone.
Every day people do lose the ability to make informed decisions without preparing for that change. How and why we respond to that doesn’t change the underlying biology.
How many many benifical guardianships are an acceptable trade for one abusive guardianship?
Maybe the answer is absolutely 0 and this should be off limits for policy.
It is similar to the PACE scam, where government lets a company steal someone's house with a fake "energy credit" https://www.youtube.com/watch?v=zv8ZPFOxJEc https://www.consumerfinance.gov/ask-cfpb/how-do-i-avoid-risk...
Stuff like this turns me Anarchist in the "Government can't work" sense. The criminals are always 10 steps ahead of (or in cahoots with) the government, turning every attempt at "promoting the general welfare" into highway robbery, and no one in government is willing to prosecute and convict these criminals, because white collar crime gets the "it's too complicated to explain" Get Out of Jail Free card.