What is a Guardianship? Is it better than a Power of Attorney?
A guardianship is costly, time consuming and hard on the family. It requires the filing of a petition with the court, obtaining medical testimony and attending a hearing. Once a guardianship has been established, the guardian is required to file annual reports with the court and ask the court for permission before taking many different types of actions. Going through the steps to establish a guardianship can be difficult for a family and the on-going court involvement once it is in place can be burdensome. It is best to prepare a Power of Attorney with an experienced Elder Law attorney while one is able to do so to avoid the time, cost and lack of privacy of a guardianship.
