Incapacity & Guardianship
There are times when a Guardian is needed to care for an individual and/or the person's property.
Such times include:
- Minors, who survive their parents (or other family guardians),
- Incapacitated adults,
- Situations where exploitation is present in the home, and
- Emergency situations while waiting for Guardianship hearings.
Guardianship generally involves court proceedings to determine:
- If an individual is incapacitated or to appoint a Guardian for a minor;
- If someone needs to make personal decisions for an individual; and
- To what extent the Guardian controls an individual's person and/or property, regardless if the spouse is alive or the property is jointly owned.
The required proceedings of Guardianship, filings of an inventory of all your assets, specific accountings and reports, the education and training for the Guardian, and the many years of Guardianship can significantly reduce an individual's assets. Additionally, if the Guardianship petition is contested, formal court proceedings are required. Guardianship easily can be more costly than probating an estate.
Today, people are living longer, and incapacity is a guarantee for most individuals. Failure to properly plan for incapacity means intrusion into your privacy during your lifetime with government bureaucracy and possibly a stranger managing you and your affairs.
Proper estate planning that prepares for incapacity can avoid costly Guardianship court proceedings. Preplanning for incapacity preserves the flexibility of estate planning, avoiding costly proceedings, family disharmony, and the inability to reduce estate taxes.
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Anné Desormier-Cartwright
Phone: (561) 694-7827 - Fax: (561) 745-6460
480 Maplewood Drive, Suite 3
Jupiter, Florida 33458
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