How can an estate plan prevent a guardianship proceeding?
An estate plan uses several tools which can prevent the court from gaining jurisdiction over your affairs. – A Living Will or Directive to Physicians is used to determine if artificial life support systems are to be used or withheld. – A Durable Medical Power of Attorney is used to provide authority to a person, in whom you have the utmost trust and confidence, to make decisions regarding health care treatment when you are unable to provide informed consent. – A Durable Power of Attorney for Property enables you to authorize a person to act in your place and stead in the event of your incapacity; this attorney-in-fact can manage your financial affairs without the need to have intervention by the courts. – A Trust or Family Limited Partnership is used to hold property; the Trustees or Partners manage the property held by either of these entities. Both the Trust and the Family Limited Partnership continue to manage the property even if you are incapacitated. Thus, a properly prepared est