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Boxer Tommy “the Hitman” Hearns speaking to reporters after being placed under guardianship and conservatorship, he won multiple world champion titles from the late 1970s though 1999. WXYZ 7 News; Ken Levine/Getty Images

Boxing legend Tommy Hearns placed under conservatorship — what that legal move means for his finances, health (and why you should care)

Boxing great Tommy “the Hitman” Hearns, 67, is now officially under both the guardianship and conservatorship of his eldest son, Ronald, capping a personal saga that’s delivered enough blows to rattle even a former world champion.

The decision was made by a Michigan judge on Wednesday, and ABC affiliate WXYZ 7 News (1) reported that Hearns told them, “I want the world to know that I'm doing fine.” He added that, “I just want things to just be calm and good, and just move smoothly.”

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Hearns, who is reported to have made upwards of $40 million dollars (2) during his boxing career — which lasted from the late 1970s through 1999 — has struggled personally and financially since leaving the ring. In 2010, he was forced to auction off a number of personal possessions, including fighting memorabilia and a 1957 Chevy car to pay off a $448,000 tax debt (3).

The recent guardianship battle, meanwhile, got heated when, in February, WXYZ reported that Hearns’ daughter and sister knew of his location but wouldn’t reveal it to the judge or other family members. The story noted that Hearns was also diagnosed with dementia and had his home foreclosed on, eventually leading to him living with Ronald.

Ronald, for his part, told the outlet that his “main goal” is to ensure his father’s “enjoying his life and nobody else can hurt him in any kind of way, financially, physically, or mentally.”

The case, however, highlights the vital role a conservator can play, and how other, less costly, options may be available with proper estate planning.

The pros, and financial blows, of conservatorship

In some states, the terms “conservator” and “guardian” are interchangeable but, in Hearns’ case, they represent two different roles. As his father’s guardian, Ronald would be responsible for his personal care (4), whereas the conservatorship focuses on control over the boxer’s finances.

“We are, by definition, taking away the rights of one adult and putting them in the hands of another,” California attorney Christopher Melcher told AARP about conservatorships (5). “There is an inherent risk of abuse when we do that, so the court needs to be convinced that the conservatee is unable to care for themselves, and that we need this drastic remedy.”

As such, only a court can assign a conservator, and only then after it hears petitions from loved ones and other concerned parties. Conservatorships can also be limited in scope, notes AARP — focusing just on a person’s health care or finances — and in some cases more than one conservator can be assigned to a conservatee, with each overseeing a different aspect of their life.

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Either way, a conservatorship comes with numerous advantages, including the peace of mind that the conservatee is cared for and the conservator is both vetted and receives regular follow-ups by the court. The court can also adjust or simply terminate the conservatorship based on the conservatee’s needs, or concerns of their loved ones.

Conservatorships, however, do also come with their downsides. They can be costly, with court hearings, attorney’s fees, medical evaluations and other related costs running into the tens of thousands of dollars (6). They also become a matter of public record — including the conservatee’s medical issues and finances.

And in some cases the responsibility of a conservator can last years, until the conservatee’s death, making for a long-term, heavy lift. And that’s in addition to the loss of independence by conservatee, which can be an additional strain during an already difficult situation.

That said, there are ways to plan ahead to avoid the need for a conservatorship altogether.

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Alternatives to conservatorships

The best way to avoid the need for a conservator is to plan ahead.

Most experts advise long-term estate planning and making your wishes, including those involving finances, are known to loved ones in advance. Arrangements like a revocable living trust (7) — with yourself designated as the main trustee and another trusted person pegged to take over when you can no longer manage — is one example of how you can lay out your desired financial outcomes and still maintain some authority over them.

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There’s also the option for supported decision-making (SDM), which essentially allows the person in question to continue making their own decisions, including with their finances, while designating a loved one(s) to assist in these choices. This can be especially helpful for anyone with forms of cognitive impairment — allowing them to retain autonomy and dignity while providing the safety net of trusted oversight (8).

But perhaps the best long-term option is a durable power of attorney (DPOA), which is different from a power of attorney, as the attorneys at estate planning firm Larson, Brown & Ebert note (9), because of “its endurance through someone’s loss of capacity.” They suggest that a DPOA can be even more important “in situations involving aging, chronic illness, or unexpected medical events.”

That’s because, as the firm notes, a DPOA gives the person entrusted with it the authority over the subject’s finances, health care and other legal concerns. But the key is that the subject granting the DPOA can designate the scope of the authority, making it as broad or specific as they like. Plus, a DPOA can also be tasked with choosing a conservator, should the need arise, based on the affected person’s own wishes.

Still, it’s important to remember that designating a DPOA is only possible when a person is still able to knowingly and confidently make such a choice — meaning when they’re healthy or only in the early stages of dementia or any other cognitive impairment.

Which is all the more reason to ensure your estate planning is in order before the need to actually enact it arises.

Article sources

We rely only on vetted sources and credible third-party reporting. For details, see our editorial ethics and guidelines.

WXYZ 7 News (1); MLive.com (2); Inside Edition (3); Estateably (4); AARP (5); LegalClarity.org (6); Eastham Law (7); University of Pennsylvania Memory Center (8); Larson, Brown and Ebert (9)

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Mike Crisolago Staff Reporter

Mike Crisolago is a Staff Reporter at Moneywise with more than 15 years of experience in the journalism industry as a writer, editor, content strategist and podcast host. His work has appeared in various Canadian print and digital publications including Zoomer magazine, Quill & Quire and Canadian Family, among others. He’s also served as a mentor to students in Centennial College’s journalism program.

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