At some point, every person will become mentally and/or physically disabled during their lifetime. Without the proper documents and legal plan your life may become subject to a Probate Guardianship. Who the Probate Court appoints as your Legal Guardian may be someone you never would have agreed to. Typically, a Guardian is a family member, but often when family members fight, the Court may decide to pick a third and disinterested party.

The ideal way to avoid a Probate Guardianship is to have the correct disability legal plan to cover medical and/or financial decision making. This is usually done with a Durable Power of Attorney.

Another way to avoid a Guardianship is to have a properly funded Revocable Living Trust. With a Trust, if you have chosen an appropriate Successor Trustee, then this person would take over financial decision making for you.

In the unforeseen circumstance that a Guardianship cannot be avoided even with a valid Durable Power of Attorney or Trust because of disputes among family members, you can state your preferences for who you wish to become your appointed Guardian by expressing your choice in your Durable Power of Attorney.

For more information about Guardianship or Contact Us.