Choosing and nominating a guardian for yourself or a loved one is a crucial aspect of estate planning and is an extremely personal decision. We help guide our clients through this important decision by not only drafting an effective nomination document, but also by helping advise them on the legal factors and implications that may affect this crucial decision.
Our office can assist you so that court-involved guardianship proceedings can be avoided completely should you or your loved one become incapacitated. We also help families with young children select guardians in case the unthinkable happens. Read about some of the important considerations we can help parents with here.
Guardianship Over An Incapacitated Person
While pre-planning is always preferable, sometimes our clients come to us after a crisis has developed. If a loved one has already experienced a mental decline, a court-driven application for guardianship over the incapacitated individual may be the only option. While this process can be more expensive and time-consuming than planning for disability with a comprehensive estate plan, we can still help guide families through the process and help them avoid unnecessary delays and expenses.
There are two types of legal guardians that a court can appoint; a Guardianship and a Conservatorship. A guardianship is created when a person or institution is assigned by the court to take care of another person’s health care decisions, living situation and related issues because of a mental or physical incapacitation. A conservatorship is created when a person or institution is assigned by the court to take care of another person’s property and finances because of a mental or physical incapacitation.
Depending on the circumstances, the court may appoint the same person, or different people, to serve in these roles. In many cases, the court will award attorneys fees from the estate of the incapacitated person.
If you are interested in learning more about how to avoid a guardianship proceeding, or how to best choose a guardian or conservator, call our office for a no-cost, confidential consultation. We can help you navigate through this emotional time so you can focus on taking care of your loved.