Key Reasons to Avoid the Guardianship System

If you don’t take the appropriate planning, guardianship laws could prove problematic for you or your loved ones. No one wants to be in the position of having to go through a court battle when their loved one is in need of support or additional care. If you don’t have an appropriate estate plan drafted with the help of an estate planning attorney in your area, however, your state’s guardianship laws can become problematic sooner than you expect. Determining when someone is in need of a guardian can be a difficult question in and of itself. A person who has recently been diagnosed with dementia might need to have a guardian created for them, but this can raise questions about whether or not the person has enough clarity of mind in order to pass on this power to someone else.

Dealing with issues such as a diagnosis of dementia or Alzheimer’s can rattle families to their core and things that can easily fall of the list are planning for guardianship, but it is an important question to consider regarding who may be able to step in and take care of a loved one who could very shortly be unable to take of themselves. 

Establishing circumstances related to guardianship is critical because it can be hard to make the call about when a person has passed the point of being able to take care of themselves. Depending on the speed at which a diagnosis of dementia or Alzheimer’s advances, this can come sooner or later, but everyone involved in this situation needs to be informed about their rights and further details.