How do I know if someone I care for may need a guardianship or conservatorship?

As part of its estate planning practice, Erickson Sederstrom prepares comprehensive durable financial powers of attorney, along with health care directives, for its estate planning clients. These documents allow adults to name a decision maker for them. A power of attorney can be a crucial tool for avoiding guardianships and conservatorships. By establishing a power of attorney, an individual can appoint someone to manage their affairs if they become incapacitated, effectively preventing the need for a court-appointed guardian. This proactive approach avoids the necessity of opening a legal proceeding to appoint a guardian or conservator. It is important for all adults to review their own estate plan, and make sure they have a power of attorney in place.

However, in some cases, a person may not have the legal capacity to execute a power of attorney or may have encountered a medical emergency that requires court intervention. Guardianships and conservatorships often come into play when an adult loses their cognitive capacity, has a disability that prevents them from caring for themselves, or has been in an accident. If you are caring for a loved one who is having issues with managing their own care, it may be time to consult an attorney regarding the establishment of a guardianship or conservatorship.