People generally hope to retain their independence and health for as long as possible as they age. They may make their homes more accessible to allow them enhanced independence in their golden years.
Unfortunately, even those who plan carefully could experience medical or cognitive decline later in life. The challenges that they face could leave them in need of support from others. Family members or even professional caregivers might pursue a guardianship or conservatorship as a means of providing that assistance. It is possible to plan in advance to prevent an involuntary loss of rights later in life.
People can choose their own agents
Adults thinking about the possibility of a medical emergency or planning for their retirement years can create legal documents that grant authority to others in the event of their incapacity. Durable powers of attorney can protect older adults from conservatorships and guardianships as they age.
Durable documents retain their legal power even when the principal who drafted them becomes permanently incapacitated and might otherwise require the support of a guardian or conservator. The benefits of drafting a document in advance include enhanced control.
Any competent adult could request conservatorship or guardianship. An adult who drafts durable powers of attorney can choose their own attorney-in-fact or agent to manage their affairs. Additionally, people often derive significant peace of mind from knowing they have legal documents in place to protect them and empower their loved ones during a challenging change in circumstances.
Adding durable powers of attorney to an estate plan can be a beneficial choice for people at all stages of life. Incapacity can strike at any time without warning, making prior planning invaluable, perhaps especially for people with specific medical wishes and valuable property.