How do I avoid a Guardianship?

The best way to avoid a Guardianship is to pre-select who will manage your affairs and make financial and healthcare decisions for you if you are unable to do so. The best way to do this is with a Durable Power of Attorney. To cover all situations you would specifically need these four legal documents:
A. Durable Financial Power of Attorney
B. Durable Healthcare Power of Attorney
C. Living Will Declaration
D. HIPAA Authorization
These four documents would allow a spouse or child, to make decisions and manage your affairs which is exactly what a Guardian is appointed to do. Use of these four documents can greatly reduce the chance you will need a Guardian appointed to manage your affairs. All persons, regardless of how many or few assets they have, need all four legal documents. I have had seen cases which required a guardianship even when the person had virtually nothing. Don’t think these documents are just for people who have lots of assets. Everybody, regardless of their assets, may one day be unable to make their own healthcare decisions and then “Who is in charge?” If you have these documents in place this will allow your spouse or child to make these decisions. Without these documents your spouse or child may be going to court to be appointed your legal guardian. This will be very time consuming and expensive for you and your family.

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