Guardianship and conservatorship exist to protect people from hardship. Adults who cannot maintain their own resources or act in their own best interests due to various medical challenges may require the support of other competent adults.
A guardian holds authority similar to that of a parent. They control an individual’s daily life and can make decisions about their housing and medical care. A conservator manages the assets or estate of a vulnerable person.
While guardianships and conservatorships can be beneficial and protective, many people prefer to avoid the loss of legal and financial authority if at all possible. Proactive estate planning can help people connect with the support of a preferred person if they become incapacitated.
Adults can plan their own support systems
Competent adults who have testamentary capacity can plan in advance for when they may lose that capacity. People establishing comprehensive estate plans, preparing for intensive medical care or reviewing plans before retirement can draft documents to avoid guardianship or conservatorship.
Basic financial or medical powers of attorney may lose their authority when individuals become permanently incapacitated. Durable documents include language intended to extend the functional lifespan of powers of attorney.
Durable powers of attorney can empower another competent adult to oversee an individual’s finances or daily life after they become permanently incapacitated. People can choose someone they trust to fill that role and can even nominate an alternate in case that person is unavailable when the time comes.
Expanding an estate plan to address the possibility of incapacitation can protect people who worry about decline and other elder law matters. Adults who select their own agents can feel more confident about having compassionate, supportive care when they are at their most vulnerable.