When it comes to the protection of those who can’t make decisions for themselves, adult guardianship and conservatorship play a critical role. Yet, many elder individuals find themselves anxious about the possibility of this intervention in their lives.
Here, we’ll explore these legal frameworks, demystify their implications, and offer some steps to prevent guardianships or conservatorships.
Understanding Adult Guardianship and Conservatorship
Adult guardianship is a legal process in which a court appoints a guardian to manage the personal and healthcare affairs of someone unable to make decisions independently. Guardians help with tasks such as arranging for medical care, housing, and even making end-of-life decisions.
On the other hand, conservatorship specifically pertains to financial matters. A conservator manages the financial assets and affairs of someone who can’t do it themselves due to a physical or mental condition.
Guardianship and conservatorship proceedings can sometimes feel intrusive, as they involve a considerable amount of control over the individual’s life. Moreover, they can be lengthy and expensive processes.
Preventive Measures Against Guardianship and Conservatorship
There’s no denying that adult guardianship and conservatorship can offer essential support. Still, many of us desire to retain our independence for as long as possible and install our own decision-makers. Here are some strategies to potentially prevent such court-ordered directives.
1.) Set Up a Durable Power of Attorney (POA)
A durable power of attorney allows you to appoint a trusted individual to make decisions on your behalf if you become incapacitated. There are two types: a durable power of attorney for health care, and a durable POA for property. Setting up POAs can bypass the need for court-appointed guardianship and/or conservatorship.
2.) Create a Living Will
A living will is an advance health care directive that spells out your preferences for end-of-life care. This legal document can limit the need for a health care guardian, as your directives are clearly laid out for medical personnel to follow.
3.) Establish a Revocable Living Trust
A revocable living trust allows you to maintain control over your assets while you are still capable. If you become incapacitated, the successor trustee you’ve appointed will manage your assets, thus negating the need for a conservator.
4.) Consider Joint Ownership
Joint ownership of property or bank accounts allows the co-owner to take control if you are unable to manage your assets. While this can prevent a conservatorship, it’s crucial to trust the co-owner fully, as they have equal access and rights.
5.) Engage in Regular Estate Planning
Regular estate planning ensures your financial and health care affairs are up-to-date. Regular reviews with an attorney can prevent the need for guardianship or conservatorship.
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To see the dates and obtain more information, head over to our webinar schedule page.
Need Help Now?
If you have already decided that you are ready to work with a Phoenix, AZ estate planning lawyer to put a plan in place, we can help. You can send us a message to request a consultation appointment, and we can be reached by phone at 888-222-1328.
This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice, please contact an attorney in your community who can assess the specifics of your situation.
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