FAQ Friday: Alternative Guardianship

Friday, October 31st, Attorney, Paula Mattson-Sarli talks about the alternatives to guardianship.

Family members will sometimes see a decline in the health of their loved ones and will be focused on obtaining powers of attorney.

We have to determine the ability to not only sign the documents, but understand the documents. That way we can determine if they have legal capacity. This can then lead to guardianship.

If they do not have capacity, then documents cannot be executed.

Guardianship can be expensive and there are often two attorneys involved. It can also be lengthy with possible litigation. It can also be a very stressful process.

Sometimes the disabled person doesn’t fully realize their mental decline and can argue against the whole process.

Advanced planning and specific transaction petitions are two alternatives to guardianship. While the latter is limited, it can still be very helpful especially if wanting to sell a car for example.

The complications and seriousness of guardianship should always be considered as a reason for why advanced planning for ourselves is important.

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