Guardianship

Guardianship Deals with your Physical Being after Incapaciation

guardianship for an elderly woman needing careMany people know that probate occurs when someone dies, but what they may not know, is that it can also occur while a person is alive, hence the term “living probate.” Guardianships are the aspect of the living probate process dealing with a person’s physical being.

Guardianships are a court process whereby a person is declared incapacitated and someone is granted authority over the protected person’s actual “person” or physical being. The Guardian does not have to be a family member and can be a “professional guardian.”

If granted, the person appointed by the court becomes the “Guardian” over the protected person. It enables the Guardian to make decisions regarding the protected person’s heath care and living arrangements, including admission to an assisted-living center or nursing home. A Guardian is not required to consult with the protected person or consider the protected person’s preferences, regarding living arrangements and medical treatment.

 

How can becoming a member of Legacy help?

First and foremost you need to act Now! Before it becomes too late to do anything to prevent it. By enrolling in Legacy Assurance Plan the member will receive the necessary documents to thwart the need for guardianship/conservatorship.

The 3 documents that can avoid it are:

  1. Durable Power of Attorney for Finances
  2. Durable Power of Attorney for Healthcare
  3. Revocable Living Trust – Successor Trustee can handle your financial affairs if incompetent.

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