QUESTIONS AND ANSWERS on guardianships

Q & A:

QUESTION

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Q:        How can I avoid being placed under the care of a professional guardian?

—Senior Planner

ANSWER

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A:         Dear Planner:

Should you become incapacitated without any planning in place, your family would have to petition the court in order to be granted guardianship. In most cases, the court would appoint a family member as guardian, but this isn’t always the case.

If you have no living family members, or those you do have are unwilling or unable to serve or deemed unsuitable by the court, a professional guardian would be appointed. In another scenario, should your loved ones disagree about who should be your guardian, the court could decide that naming a relative as your guardian would be too disruptive to your family dynamics and appoint a professional guardian instead.

You can avoid this using estate planning. With proper planning, upon your incapacity, a person of your choice would have the immediate authority to make your medical, financial, and legal decisions, without the need for court intervention. Moreover, you can provide clear guidance about your wishes, so there’s no mistake about how these decisions should be made.

Meet with us Truest LawTM to create your comprehensive incapacity plan today. We all have questions.  We can help you find answers. Contact us today to schedule your appointment. Visit Truestlaw.com or call our office today at 480 949-6500 to schedule a time to talk. 

Hey, congratulations!

Ready to talk with us about how you can keep your family out of court or out of conflict when something happens to you.

Or, maybe you are the family member or close friend of a loved one, and something has happened and now you need advice. If so, our hearts are with you, and we will do our best to help you keep things as easeful as possible.

There are three options for you to get our support. Choose the one that’s best for you:

  • Schedule Free 15-Minute Phone Consultation
  • Schedule 2-Hour Family Wealth Planning Session
  • Schedule 2-Hours Existing Estate Plan Review

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