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.