Adult guardianships are sometimes necessary. Even those who have been healthy throughout most of their lives can develop debilitating medical challenges as they age.
Dementia and cognitive decline are both common reasons why concerned family members or caregivers might petition the courts for an adult guardianship. Most people dislike the idea of losing authority over their own lives to whoever petitions the courts for that control.
Proper estate planning can help protect aging adults and those with medical challenges from an involuntary guardianship.
People can empower trusted individuals
An estate plan can include documents addressing incapacity and other medical emergencies. People preparing for retirement or recently diagnosed with major medical issues might benefit from planning for their protection if their health declines.
Estate planning documents can help protect people from situations in which people with potentially questionable intentions pursue legal authority over them. Durable powers of attorney, unlike basic power of attorney documents, retain their legal authority when a person becomes permanently incapacitated.
That means that an individual who could be at risk of guardianship proceedings can select an agent or attorney-in-fact on their own behalf before their medical issues diminish their legal authority and cognitive capabilities. They can prevent others from seeking guardianship over them when their health or mental acuity declines.
Expanding an estate plan to include durable powers of attorney can provide older adults with greater peace of mind as they age and prevent their loved ones from fighting over that authority later. As such, those facing medical challenges or preparing for retirement may want to add durable powers of attorney to the list of documents they draft with an estate planning lawyer.