Involuntary guardianship is a necessary legal solution for very difficult situations. When adults with severe injuries, mental health issues or age-related cognitive decline cannot manage their affairs, other people can ask the courts for an adult guardianship. Outside parties concerned about a person’s financial stability could also request a conservatorship to manage their finances.
Such arrangements allow an outside party to assume legal authority over an adult’s daily life and/or finances. Generally speaking, there is a high standard of proof necessary in such cases. Still, stories of abuse often reach the mainstream media, especially when celebrities are subject to guardianships or conservatorships.
Those facing major medical challenges or preparing for retirement may want to proactively put documents in place to avoid involuntary guardianship or conservatorship. Is it possible to plan for an inability to manage one’s own affairs?
The right documents can prevent guardianship
Powers of attorney designate the same types of authority that the courts award to outside parties in guardianship and conservatorship cases. However, standard powers of attorney lose their legal authority when the principal who drafted the documents becomes permanently incapacitated.
In other words, a person who drafted basic powers of attorney could still be at risk of guardianship if their health declines permanently. Thankfully, there is a document that people can draft before they lose their capacity that retains its legal authority until they die or recover.
Durable powers of attorney continue to authorize a trusted agent or attorney-in-fact even if a person remains incapacitated for the rest of their work. Durable powers of attorney give adults the ability to effectively select their own guardians.
The agent they nominate in their paperwork holds the same authority that a guardian or conservator might. Instead of being vulnerable to the whims of whoever takes legal action, the principal who created the durable powers of attorney can protect themselves even if they develop dementia or other major medical challenges later in life.
Updating an estate plan to include more documents, including durable powers of attorney, can be beneficial for those in a variety of circumstances. Individuals concerned about their health or the challenges of advanced age may want to consult with a legal professional to ensure they have all the appropriate paperwork in place for every possible situation.