By Michael DeLaney, Attorney at Law
A guardian is an individual appointed by a probate court to be legally responsible for a person (and his estate) when that person is not capable of handling his or her financial and healthcare affairs independently. Generally, a guardianship can be avoided through the use of a power of attorney, whereby the individual (prior to the onset of any disability) executes legal documents appointing an agent or Power of Attorney to act on his or her behalf in the event of incapacity.
Unfortunately, in these times of downturned markets and increased unemployment, the public is adverse to spending money on all but necessary expenses. As a result, we are seeing more and more guardianships becoming necessary.
Statistically, there is a trend indicating guardianships are on the rise. In Cook County, for example, additional judges have been appointed in the past 10 years to handle the large number of guardianship cases. Each judge’s caseload has also significantly increased, and some have even tripled in number.
A guardianship can definitely protect a disabled person with court oversight of the surrogate’s activities, but it is an expensive, time-consuming, and never-ending legal procedure which could be avoided with proper legal documentation. Unfortunately, for many with disabling conditions, legal documents are no longer an option. If you are caring for a loved one or recently have a diagnosis which may impact your ability to make decisions in the future, please consider estate planning now. Contact an elder law attorney at 708-675-7144 for assistance.