Have all your wishes placed in writing and legally executed, specifically get a Will or Trust and Durable Powers of Attorney.
The first legal question is “Why does Mom need a Guardianship?” In other words what are you as the spouse or child trying to do that you cannot get done.
Many times a doctor or nursing home personnel will say you need to get a Guardianship over your Mom.
The best way to avoid a Guardianship is to pre-select who will manage your affairs and make financial and healthcare decisions for you if you are unable to do so. The best way to do this is with a Durable Power of Attorney.
If someone has a Revocable Living Trust then a Guardianship may not be needed if all assets have been properly placed into the Trust.
Guardianship is the legal process of having a person, the Ward, being declared legally incompetent meaning they are unable to manage their financial affairs and make healthcare decisions.
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Revocable Living TrustsGuardianshipsPower of AttorneyVA AidAsset ProtectionCrisis PlanningLong Term Care Insurance Gifting AssetsIrrevocable Trusts Life Care Planning
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