Guardianships are arrangements made to appoint a person as the caretaker to a child or disabled adult. The minor or disabled adult is known as a ward and is protected by the guardian.
While many people think about appointing guardianships for their children, it’s also important to establish a guardian for disabled or incapacitated individuals. This can include setting up a guardian for yourself.
If you’re in a crash without a durable power of attorney, a court chooses your guardian
You’ve probably heard that you need to appoint a durable power of attorney or health care power of attorney. This person is the one who takes over your care if you are impaired or disabled as a result of an accident or health condition.
If you do not have a durable power of attorney or health care power of attorney at the time of your impairment or disability, then the judge and court can establish one for you. You won’t have much of a say, if any, in who the court chooses if you haven’t established a guardianship on your own, which is why it’s important to do so ahead of time.
What should you do if you want to set up a guardianship for yourself or another party?
If you are interested in setting up guardianship guidelines in your estate plan, reach out to your attorney. Your attorney can help you establish a durable power of attorney as well as guardians for your children or disabled adult dependents who are in your care. That way, you’ll know that someone you trust is appointed to care for you or those you love in a worst-case scenario.