How can one avoid guardianship?
An adult may avoid guardianship in the event of his/her future incapacity by having certain documents prepared before the incapacitating event occurs. These include a Durable Power of Attorney, Designation of Health Care Surrogate, and if desired, a Living Will or Declaration Against Life Pro-Longing Procedures (applies when death is imminent). The Durable Power of Attorney is used to appoint a person as attorney-in-fact to manage all assets, sign tax returns, and to take all actions required to manage the property. The Durable Power of Attorney can be effective immediately upon signing, or contingent upon an affidavit from you physician attesting that you are incapacitated. The Designation of Health Care Surrogate appoints a person to make medical decisions for you when you are incapacitated and authorizes health care providers to release your medical information to that person. In many cases by providing for your property management and medical decisions, the need for a guardian is a
