Reality television: the world seems to have a love-hate relationship with it, and the Kardashian-Jenner family often finds itself at the center of it. No matter your take on it, you might agree that it is impactful when reality stars touch on real, important, and even controversial topics that are thought-provoking and may even influence our own actions.
In the latest season of the Hulu reality series, The Kardashians, one of the key narratives features Khloé and the complex family dynamics she shares with her ex-boyfriend, Tristan Thompson. A recent episode reveals a clip where Khloé claims that Tristan’s late mother appointed her to assist with the medical care of her disabled son Amari. Is this legally feasible? Who will be Amari’s key caregiver upon Andrea Thompson’s passing? Trust & Will investigates.
A Blended Family Dynamic
Khloé Kardashian and Tristan Thompson, a professional basketball player, share a complex family dynamic. The rollercoaster of their relationship spans from 2016 to 2021, including break-ups, getting back together, and cheating scandals. In 2018, Khloé and Tristan welcomed their daughter, True, amidst a cheating scandal. In 2021, yet another paternity cheating scandal emerged, after which Khloé called it quits for the last time. In 2022, the two welcomed a son, Tatum, who was carried to term via surrogate.
Despite these challenges and public scrutiny, viewers of the show know that Khloé has consistently emphasized the importance of co-parenting. Despite her turbulent relationship with her ex, she works intentionally to create a healthy environment for their children. On The Kardashians, Khloé repeatedly talks about her desire to put her differences with Tristan aside for the sake of family.
"Him and I have a great friendship relationship, we get along fine, and for my kids, I will put anything to the side," said Khloé in an episode of the show.
In 2023, Khloé's commitment to maintaining this family dynamic was put to the ultimate test. In a sudden and tragic event, Tristan's mother passed away. She was survived by Tristan and her son Amari who is severely disabled. In another article, Trust & Will discusses the likely role of Guardian Tristan has assumed over Amari, as well as possible legal implications for Khloé.
Verbal Agreement vs. Legal Appointment
Since the publishing of the aforementioned article, more details have been revealed regarding Tristan and Khloé's legal rights -- or the lack thereof -- over Amari's care.
The Daily Mail reports that Tristan has applied for sole Guardianship and Conservatorship over his brother, Amari (17), who lives with a severe form of epilepsy. He requires intensive care, including his day-to-day living and medical appointments. Amari experiences frequent seizures and cannot be left alone. Amari and Tristan's father who would otherwise have Guardianship rights is nowhere to be found, and as a result, Tristan's petition has gone uncontested.
While Tristan is most likely to be awarded this request, Khloé's role in Amari's care is left up to question.
In the most recent season of The Kardashians, Khloé shares in a confession that Tristan's mother, Andrea, had appointed her to "help out with medical things" for Amari before her death.
"I want to make sure Tristan makes the right decisions," Khloé stated, sharing her desire to honor Andrea's wishes and continue helping Tristan with Amari's care.
In this case, it is hard to tell if Khloé was appointed formally by Andrea as Amari's caregiver, whether it be in the capacity of a Medical Proxy, Guardian, or Conservator. At the moment, it appears as though Khloé is very involved in Amari's life. However, she and Tristan were never married, meaning that she and Amari are not legally related. What if her and Tristan's co-parenting relationship goes to shambles? Is she still legally obligated to fulfill her promise to Andrea in any way?
This helps to highlight the crucial difference between a verbal agreement and a formal, legal appointment. While the details of Andrea Thompson's estate plan are not known, this provides an example of how a formal legal appointment is critical if you have a loved one with special needs, especially when it comes to an non-traditional family dynamic.
Guardian vs. Conservator vs. Medical Proxy
While Khloé mentions that she was appointed to help Andrea Thompson with Amari's medical care, it is unknown what type of appointment was established.
While the latest news reveals that Tristan Thompson has filed a formal request to become Amari's sole Guardian, there is no mention of Khloé's legal involvement.
Here, let's explore Khloé's hypothetical responsibilities should she have been appointed as Amari's Guardian vs. Conservator vs. Medical Proxy.
Guardian
Guardianship, in the realm of estate planning, refers to a legal mechanism by which a court appoints an individual (the Guardian) to make decisions and manage the affairs of someone who is considered unable to handle these responsibilities for themselves (the Ward). Typically, this condition applies to minors as well as adults who are incapacitated due to illness, injury, or disability. The primary goal of a Guardianship is to ensure the Ward's well-being and financial security, making it a critical tool in estate planning to protect loved ones who cannot protect themselves.
Amari is still a minor (17), which explains why Tristan has applied for both Guardianship and Conservatorship.
If Khloé were appointed as one of Amari's guardians, her hypothetical duties might include a range of responsibilities aimed at ensuring Amari's well-being and financial stability. Some of these duties could be:
Personal Care: Ensuring that Amari receives appropriate medical care, education, and any other services that contribute to her health and development.
Financial Management: Managing Amari's finances, including benefits, assets, and any inheritance, to cater to her needs and secure her future.
Decision Making: Making crucial decisions on Amari's behalf that relate to her health care, education, and general welfare.
Legal Representation: Acting as Amari's legal advocate in any proceedings that concern her well-being or financial matters.
Underlying all these duties is the Guardian's obligation to act in the best interest of the ward. This principle requires that all decisions and actions made by the Guardian, including those related to medical care, education, and financial management, prioritize the Ward's health, safety, and overall welfare above anything else.
Conservator
A Conservatorship is an essential aspect of estate planning intended for individuals who are incapable of managing their finances due to various reasons such as age, illness, or disability. When a court appoints a Conservator, this person, or sometimes a financial institution, is charged with the oversight of the financial affairs and assets of the Conservatee (the individual under Conservatorship). The role of a Conservator becomes pivotal in protecting the asset base of the Conservatee, ensuring that their financial needs are met without exploitation or mismanagement.
In the context of estate planning, a Conservatorship can preserve the financial integrity of an individual's estate when they are no longer able to do so themselves, ensuring that their affairs are managed according to their interests and providing for their dependents. This legal framework enables the Conservator to make financial decisions that align with ensuring the long-term security and benefit of the Conservatee.
If Khloé were appointed as one of Amari's Conservators, her hypothetical duties would likely include, but not be limited to, the following:
Asset Management: Overseeing Amari's assets to ensure they are invested wisely and continue to grow, thus securing Amari's financial future.
Bill Payments and Budgeting: Managing daily financial tasks including paying bills, budgeting for Amari's needs, and ensuring that Amari's living expenses are covered. Because of Amari's disability and medical condition, one aspect of a Conservatorship in this case might include making sure any financial disbursements do not jeopardize any government support programs.
Financial Planning and Reporting: Creating a comprehensive financial plan that outlines the management of Amari’s estate, and regularly reporting to the court about Amari’s financial status and the handling of her assets.
Legal Compliance: Ensuring that all financial decisions and actions comply with the law and the guidelines set forth by the court to protect Amari’s estate.
Protection of Assets: Safeguarding Amari's estate from fraud, waste, and abuse, and taking legal action if necessary to recover assets or settle disputes.
Through these responsibilities, Khloé, as a Conservator, would play a critical role in preserving and managing Amari's financial estate to support his current and future needs, ensuring Amari's security despite his inability to manage his own finances.
Medical Power of Attorney (Health Care Proxy)
A Medical Power of Attorney is a critical document that allows an individual (the Principal) to appoint a trusted person (the Agent) to make healthcare decisions on their behalf should they become unable to do so. It grants the agent the authority to consent or refuse medical treatments, make decisions about health care providers, and oversee the general well-being of the principal.
The intricacies of being appointed as someone's Medical Power of Attorney are profound. Legally, the Agent is duty-bound to act in the best interests of the principal and must follow the directions laid out in the POA document, provided those directions are not illegal or unethical. The role is one of immense trust but also significant responsibility, and it's crucial to understand the implications before accepting such a designation.
The laws that govern the appointment of a Medical POA vary by state, but some elements remain consistent. If the primary Agent cannot fulfill their duties—a possibility given life's unpredictabilities—a successor or backup Agent should be named in the document. Without a named Agent, or in the event they are unable or unwilling to serve, many states have a legal order of precedence that designates who can step in as the decision-maker for the principal's healthcare decisions.
If Khloé were appointed as Amari's Medical Power of Attorney, her responsibilities might include, but not be limited to, the following:
Understanding Amari’s Wishes: Having in-depth discussions with Amari about her healthcare preferences, values, and desires to ensure her wishes are honored.
Decision-Making: Making informed healthcare decisions on Amari’s behalf in situations where Amari is unable to do so, using the knowledge of Amari’s personal wishes as a guide.
Communication with Healthcare Providers: Acting as the main point of communication between healthcare providers and Amari, ensuring that medical information is accurately conveyed and understood.
Consent Provision: Providing or withholding consent for medical treatments, tests, or procedures, based on what is believed to be in Amari’s best interest.
Healthcare Documentation: Keeping detailed records of all healthcare decisions made, treatments received, and communications with healthcare professionals, to ensure transparency and accountability.
Advance Healthcare Directives Compliance: Ensuring that all healthcare decisions align with any existing advance healthcare directives Amari might have established.
In fulfilling these duties, Khloé would ensure that Amari's healthcare is managed effectively and compassionately, in line with Amari's personal wishes, thereby safeguarding her well-being and dignity during times when she is most vulnerable.
What is likely to Happen?
Upon learning more about the differences between a Guardian, Conservator, and Medical Power of Attorney, which role do you think Khloé was likely appointed to?
While the truth cannot be known without access to Andrea Thompson's estate plan, the likely answer is "none of the above."
It appears that Tristan and Amari's father, Trevor, has been AWOL for years. The fact that Tristan has had to apply for Conservatorship and Guardianship over Amari following Andrea's death clues us in to the possibility that Andrea didn't have an estate plan in place, or in the very least, it was outdated.
If Andrea had an up-to-date estate plan, it would make sense that she would have already named Tristan, and even possibly Khloé as Amari's Guardians and Conservators in the event of her death.
Further, Khloé's mention of her being appointed to help out with Amari's medical "things" by Andrea while she was alive is confusing. Was Khloé provided Medical Power of Attorney over Amari? It is possible, but most likely, this was a formal but verbal agreement only. Further, Khloé was never married to Tristan, making her legal right over Amari even more unlikely following Andrea's death.
This case study sheds light on the legal murkiness that can arise when personal relationships intersect with legal designations.
Tristan's mother's decision to "appoint" Khloe was likely made in good faith, reflecting a relationship dynamic at that time. However, the evolution of personal relationships is often unpredictable, and it is the estate planner's responsibility to anticipate and plan for these changes. It prompts an examination of the legalities and ethical considerations in such circumstances, pushing individuals to review and update their estate plans to align with their current situation and wishes.
According to Yahoo News Canada, court filings reveal that Amari has inherited $103,475 from his mother's estate. In these documents, Tristan commits to overseeing the safeguarding of this inheritance, along with handling Amari's care and scheduling medical appointments. Further, Tristan is preparing to submit an application for Amari's U.S. citizenship, as Amari was originally born in Canada. Without any contest, Tristan is likely to be approved for sole Guardianship for Amari. If Andrea truly would have liked for Khloé to be involved in Amari's care long-term, then a best practice would have been to appoint her to a fiduciary role, such as Guardian or Co-Conservator.
Ensuring Clarity and Continuity in Your Estate Plan
Amidst the personal drama, the primary lesson that emerges is the importance of a clear and updated estate plan. Life events such as marriage, the birth of children, divorce, and the passing of family members can dramatically alter the effectiveness of an estate plan. In Khloé's case, she never married Tristan. Instead, he is her ex-partner with whom she co-parents two children. As is the case with many modern families, traditional legal failsafes may not even apply, making it even more important to empower yourself legally via an estate plan.
This is a great reminder to revisit your documents regularly to ensure the appropriate individuals are designated to carry out medical and financial decisions when you cannot. This is especially critical when you have minor children and/or children with disabilities or acute medical conditions, no matter their age.
The next steps for Khloé, Tristan and Amari's future remain uncertain, but her experience serves as a cautionary reminder for all of us to have an estate plan in place, and also to encourage our loved ones to have estate plans in place as well. The lesson here is not to just react to life events, but to plan ahead for the unforeseen and unlikely as well. The power lies in our diligence in crafting, reviewing, and revising these documents that are there to protect us and those we love. Get started with Trust & Will today.
Trust & Will is an online service providing legal forms and information. We are not a law firm and we do not provide legal advice.
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