Could "I Care a Lot" Really Happen?

Could I Care a Lot Really Happen? How Texas Lets You Choose Your Own Guardian

Recap: Could something like the movie I Care a Lot happen in real life? In this post, Texas attorney Elisabeth Fairbanks explores the movie’s premise and explains how Texans can take steps to protect themselves from a similar nightmare scenario.

The 2020 film I Care a Lot stars Rosamund Pike as Marla Grayson, a con artist adept at fraudulently fleecing the elderly in her role as a manipulative, court-appointed guardian. Things go awry when she messes with the wrong elderly woman and bumps heads with Peter Dinklage as Roman Lunyov.

The movie is billed as a dark comedy, but I found it to be chilling and frightening, almost more like a horror movie. Grayson works with a dishonest doctor who targets patients with significant assets, producing fraudulent records declaring them incapacitated. Grayson gets herself appointed by the court as guardian to these patients, then puts them in a nursing home where they’ll be sedated, sells off their assets, and keeps most of the proceeds for herself. It’s diabolical and more than a little terrifying.

My first thought upon seeing this movie was, can this really happen!? While this is an exaggerated scenario created for movie drama, it could happen in real life…but thankfully, if you live in Texas, there are steps you can take to prevent such a situation from occurring.

Could the Plot of I Care A Lot Really Happen?

The short answer is, yes. It is possible that a court-appointed guardian, colluding with a shady physician and potentially with court personnel, could declare an elderly person incapacitated and drain their assets. Realistically, it probably wouldn’t be as easy as portrayed in the film, as there are checks and balances in place in most systems to ensure that vulnerable people don’t get swindled.

But could it happen? Yes, especially if the person being declared incompetent doesn’t have family or friends to advocate for them, which was usually the case in the targets chosen by Grayson in the film.

How Texas Law Lets You Choose Your Guardian

Texas law allows you to complete a document naming the person you want to be your guardian if you ever become incapacitated. This document is called a Declaration of Guardian in the Event of Later Incapacity or Need of Guardian. It designates a specific person to become your guardian in the event that you become incapacitated and the court deems it necessary to appoint a guardian. The declaration can also expressly disqualify specific people from serving as your guardian.

The Texas Estates Code § 1104.202 states that a court “shall appoint the person designated in the declaration to serve as guardian” unless that person is disqualified or it is determined appointing that person would not be in the best interest of the incapacitated individual.

Who Can Be Disqualified?

This means that unless an appointed person must be disqualified, the court has to appoint the guardian you choose in the declaration. Some of the reasons for disqualification are as follows:

1. The person is under the age of 18 (a minor);

2. The person is legally incompetent;

3. The person has a felony conviction; or

4. Any other reason the court finds, after conducting an evidentiary hearing, that

   indicates the appointment would not be in your best interest.

In other words, the court must follow your declaration unless there’s a compelling reason not to.

Planning Ahead

Texas law lets you have the final say over who becomes your guardian, as well as disqualifying the wrong people, as long as you plan ahead.

If you’re interested in learning more about creating a Declaration of Guardian as part of your estate plan, you can contact my office at 817-634-7331.