Advantages and Disadvantages of Guardianship

Guardianship becomes necessary when it is determined that someone is not able to manage his or her own affairs. Children have guardians because they cannot legally make decisions or act on their own behalf.  People who are mentally incompetent or who are physically incapable of caring for themselves may also need to have a guardian appointed.

Guardianship can provide protections for a ward, but it is not always an ideal situation.  If you are concerned about who will manage your affairs if you become sick or injured, you may wish to consider alternatives to guardianship. Naming someone as your power of attorney can make guardianship unnecessary because the agent that you designate will be able to act on your behalf without going through the guardianship process.

When you decide whether to create a power of attorney, it is a good idea to consider the advantages and disadvantages of guardianship. An experienced Las Vegas estate planning and family law attorney can help you to create a power of attorney if you decide guardianship is not right for you.  If you have a family member or loved one who is incapacitated, an attorney can also help you with the legal process of being named their guardian. To learn more, contact Pintar Albiston LLP today for help.

Advantages and Disadvantages of Guardianship

Guardianship is able to protect someone who is no longer able to act on his or her own. This is the biggest advantage of guardianship. If one of your family members or a close friend has become mentally incompetent and is making damaging decisions, guardianship can allow you to step in and save that person from the harm he is causing to himself. If someone you love is physically or mentally sick and cannot make decisions or take actions, guardianship also gives you the legal right to step in and manage their affairs. Guardianship can allow you to get a loved one admitted to a mental health facility or nursing home, and can allow you to manage that person’s money. This ability to protect a ward is the biggest advantage of guardianship.

There are many downsides of guardianship to consider. Guardianship can be expensive and it can be time consuming to go to court and be named someone’s guardian. It can make personal affairs public as the case comes before the courts. It can also result in someone who the ward would not necessarily have chosen being appointed as a guardian and making decisions on the ward’s behalf.

When looking at the advantages and disadvantages of guardianship, it is clear that this may not be the ideal solution for most people. If you want to have control over who makes decisions for you when you no longer can, you should pursue alternatives to guardianship like giving someone power of attorney.

A Las Vegas guardianship and power of attorney lawyer at Pintar Albiston LLP can provide you with help creating a valid, legally enforceable power of attorney that protects your future interests. Give us a call today to learn more about how we can help you.