How Can I Avoid a Guardianship or Conservatorship?

Clients often ask how they can avoid probate court proceedings for guardianships and conservatorships. One method to avoid using the probate court to assist in your personal matters is to utilize a Power of Attorney. Powers of Attorney fall into two major varieties: Medical Power of Attorney (or Patient Advocate Designations) and General Durable Power of Attorney. A medical power of attorney will take effect when two doctors indicate that a client is unable to make their own decisions. The Medical Power of Attorney will allow someone else to make your medical decisions for you until your disability ends or until your death. The general durable power of attorney may take effect immediately or take effect upon your disability as determined by two physicians. Usually, your decision makers under a power of attorney do not require court supervision.