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How can I avoid the necessity of a Guardianship or Conservatorship?

by | Aug 23, 2010 | Advance Directive in Salem, OR, Elder Law, Trusts

Question:
How can I avoid the necessity of a Guardianship or Conservatorship?

Answer:
If a person has planned ahead and prepared a Durable Power of Attorney (a Power of Attorney that is still valid if the person becomes incapacitated), and an Advanced Directive for Health Care, then, the person given the Power of Attorney should be able to step in and take over the affairs of the incapacitated person without the need for a Guardian or Conservator. Once a person has become incapacitated, however, they cannot legally make a Power of Attorney or sign an Advance Directive. Appointment of a Guardian or Conservator is likely the only option available if the person has not planned ahead.

Another planning option that many people use is known as a Revocable Living Trust, commonly known as a “Living Trust.” A Living Trust is a legal document that can provide for the management of your affairs if you become disabled or incapacitated. A Living Trust also can eliminate Probate upon your death.