Adult guardianships exist for a reason. Not everyone is capable of properly managing their affairs and meeting their own needs after they turn 18. Young adults with special needs and those with debilitating medical issues may need the assistance of another adult.
Guardianship involves a person who hopes to serve as a guardian requesting legal authority over a vulnerable adult or ward based on their inability to manage their own affairs. Guardianships often become necessary after a serious diagnosis or later in life when age begins to affect someone’s abilities. Many people fear giving up control over their lives and assets to whoever requests that power. Thankfully, people can protect themselves from involuntary guardianships by adding the right documents to their estate plans before they require the support of another person.
How can people prevent a guardianship?
In a traditional guardianship situation, concerned parties initiate litigation asking the courts to grant them daily authority over an individual’s life or control over their assets. If the courts agree that the vulnerable person cannot properly meet their own needs, they may grant the petitioning party guardianship.
Adults can avoid that situation by putting documents in place empowering someone they choose to act in their best interests. Powers of attorney are the type of document used to designate a trusted individual to handle financial or medical matters for someone during an emergency or a temporary period of incapacitation.
However, basic powers of attorney may lose their authority if the courts determine that someone has become permanently incapacitated. Durable powers of attorney include specific language that allows the agent or attorney-in-fact to retain their authority even if the courts declare the principal who drafted the documents permanently incapacitated.
Durable documents can theoretically appoint someone to the same position that a guardian holds. Instead of that authority going to whoever seeks it, the person in need of support can choose the individual they empower by acting before they need that support.
Adding durable powers of attorney to an estate plan can be a smart decision for those preparing for retirement or adjusting to life with a progressive or debilitating medical condition. The right estate planning documents can give people protection and support when they are at their most vulnerable.