A guardian may be appointed for you by a County Probate Court in the event you are determined by the Probate Court to be incompetent. This typically requires a written opinion from an expert (i.e., a medical doctor) and a determination by a Probate Court Magistrate or Judge that you are incompetent and are unable to take care of your financial and health care decisions.
In order to avoid having a guardian appointed for you, the best prevention is to obtain a durable power of attorney for both your financial/business interests and needs, and for health care decisions.
Many times, our office is contacted by children who wish to obtain a power of attorney for their parent, but it is too late. The parent may already be treating for some mental health issue such as dementia or Alzheimer's disease. At that point, the parent is unable to sign any legal documents, including a power of attorney.
While you are healthy and competent, consult with your attorney about having power of attorney prepared for you to avoid the expensive and time-consuming process to have a guardian appointed for you in the future.
This insight into the law is provided by Michael S. Bailey, Esq. of the law firm of Bailey & Gunderson Co., L.P.A., with offices in Norwood, Western Hills and Anderson Township. Phone: (513) 631-0022.
