We are all deemed clear minded and able to make our decisions as adults. However, when a condition like dementia, a stroke, a head injury or some other condition no longer allows clear thinking, someone else has to make decisions for us. No one wants to anticipate that this will happen.
If the person who is no longer able to make sound decisions has created a Power of Attorney, there is not a problem. The designated decision maker (agent) has the authority to make decisions. There are separate processes for healthcare and finances or property.
When these documents are not in place, someone has to go to Court to have the person declared incompetent based on expert evaluation. Once the person has been deemed unable to make decisions a Court appointed Guardian or Conservator is appointed. This person now has the authority and responsibility for decisions.
The Guardian has the legal duty to act in the best interest of the person. The Guardian may be selected from a pool of professionals available or it may be someone that the person knows. Regardless of who is appointed, the person who is the ward has lost ability to make decisions. If no one in the family or that is acquainted with the ward steps forward, a public Guardian will be appointed by the Court. That means a stranger is making decisions on their behalf.
In addition to losing decision making authority and potentially having a stranger making decisions, the Guardianship process is very expensive.
We live our lives with autonomy, independence and dignity as adults. Do not allow those precious, innate values to be destroyed. Act on your own behalf when you are able to clearly articulate your wishes. The journey is yours.
For more information about creating a Power of Attorney versus appointing a Guardian, please contact us.