According to an American Alzheimer's Association's recent study, one in eight Americans over age 65 will likely suffer from Alzheimer's Disease. Alzheimer's like other debilitating illnesses can rob a person's ability to competently manage their affairs, their finances, and even important decisions regarding a person's healthcare or living conditions. Such individuals need someone to make decisions for them, but regardless of a person's relationship with another, if they are an adult, nobody can make decisions for another without permission to do so. |
Permission is given through proper legal documents such as a durable power of attorney or advanced medical directives. However, if proper planning is not in place a person seeking to help manage an incapacitated family member's affairs needs to get approval from a Probate court through a Guardianship or Conservatorship. In order to obtain a guardianship, a person has to first show that the person is in fact incapacitated. This usually means that physician statements are needed and the person needs to present themselves before the court for questioning to show that they are unable to make decisions for themselves. This can be a difficult and painful process if the person doesn't agree that they are unable to make their own decisions or if another family member contests the Guardianship. In such cases, the process can become very expensive and very lengthy. Incapacitated individuals might think that they've been betrayed by loved ones or blow through money defending against a guardianship, which otherwise could be used to pay for their long term care needs. The second thing is that a family member or interested party has to show that they have priority and the ability to assist as a guardian over the person.
All in all, guardianships can be very costly and lengthy. They can cause hurt feelings and family rifts, but if proper planning is in place beforehand, the moment incapacity can be determined a named person can step in and assist through trust plan and/ or power of attorney provisions. It's a much smoother and simpler process and can be immediate so as to better protect loved ones from their own deteriorating judgment or from the predatory schemes of others. Take care of your future and the future of your loved ones through timely planning for incapacity. The incapacity benefits and harm avoidance that planning can provide is usually the single biggest benefit that comes from a family's estate plan.
If you would like to plan to avoid guardianships in the case of incapacity or need to obtain guardianship over a loved one, Contact Inter Vivos for a consultation at (801) 477-1570.
Let Us Earn Your Family's Trust!
All in all, guardianships can be very costly and lengthy. They can cause hurt feelings and family rifts, but if proper planning is in place beforehand, the moment incapacity can be determined a named person can step in and assist through trust plan and/ or power of attorney provisions. It's a much smoother and simpler process and can be immediate so as to better protect loved ones from their own deteriorating judgment or from the predatory schemes of others. Take care of your future and the future of your loved ones through timely planning for incapacity. The incapacity benefits and harm avoidance that planning can provide is usually the single biggest benefit that comes from a family's estate plan.
If you would like to plan to avoid guardianships in the case of incapacity or need to obtain guardianship over a loved one, Contact Inter Vivos for a consultation at (801) 477-1570.
Let Us Earn Your Family's Trust!