Estate Planning and Avoiding Guardianship

If you want to avoid guardianship, setting up an effective estate plan could help your loved ones avoid appointing a guardian or conservator in the event that you become incapacitated. People choose to avoid guardianship for multiple reasons, especially since the process is usually complex and often places additional emotional strain on their loved ones.

In order to ensure that your loved ones will not need to appoint a guardian if you become incapacitated due to a physical or mental hardship, you need to approach your estate plan carefully.

How to avoid guardianship via your estate plan

According to the City of Detroit’s official website, you can use an estate plan to avoid guardianship. Estate plans which include a medical power of attorney allow people to appoint those they trust to make crucial health-related decisions for them if they become incapacitated. Moreover, you can include a general durable power of attorney in order to give someone you trust the ability to take care of personal affairs if you become incapacitated.

The benefits of avoiding guardianship

In addition to helping your loved ones avoid the process of finding a guardian, avoiding guardianship can benefit you in multiple ways. By including these documents in your estate plan, this helps ensure that if you become incapacitated for any reason, you will receive care and treatment in accordance with your wishes (as opposed to decisions made by the court or a guardian). When creating an estate plan, there are a host of issues to review, but it is important to consider the possibility that you will become incapacitated and prepare accordingly.