Guardianship is when the court intervenes and involuntarily delegates a person’s rights in the event they are incapacitated or otherwise unable to make decisions.
We believe that avoiding guardianship if at all possible is the best route to go. There are other ways to make sure someone who is incapacitated is taken care of. The best possible step to take is a proactive one. Setting up an enhanced durable power of attorney long before someone is unable to care for themselves will ensure that they will be placed in the hands of someone they trust.
There are still some situations where guardianship will be necessary. If a person is completely incapacitated when their family seeks Medicaid planning or other estate planning services, and if there is no previous document outlining the incapacity plan, then we will need to go through the steps of guardianship.
If you would like to discuss guardianship, conservatorship, or any other estate planning or elder law matter with one of our attorneys, you can schedule a free consultation.