How to Avoid Guardianship

avoid guardianship

Christopher Lavin from the Lavin Law Group. We’re an elder law firm here in Lebanon, Ohio. A lot of our clients are struggling with long-term type illnesses. Many of them, unfortunately, have memory issues such as early onset of Alzheimer’s or dementia. Unfortunately, there’s a certain set of folks or group of folks that haven’t put the right paperwork in place to let family take care of them in that type of a need.

So if you had memory trouble and two doctors say you cannot make a good or a bad decision, you’re deemed incapacitated. Then we have to rely on the power of attorney for healthcare or the financial power of attorney to help that person with their general affairs. If we don’t have that documentation, then we have to file for a guardianship to get court supervision and court permission to take care of that person.

Guardianship has a purpose. It sometimes is necessary. But we look for a less restrictive means, and most would rather have the family take care of them before having to go through a court process for those decisions. So please, if you do nothing else, review your power of attorneys, have your advisors look at them. Some laws have changed over the years. But just make sure you have them to give us a fighting chance.