Alternatives to Guardianship

If you feel that a loved one is in need of a guardianship, we recommend you first look at less restrictive alternatives and choose a guardianship as a last resort.

Guardianship is always the last resort because it can be a costly and time consuming process depending on the level of incapacity, the nature of the assets and the degree of protection needed. If there is ever any less restrictive alternative or less costly option, then that is always our first recommendation. There are 3 alternatives to guardianship.

1. Estate Planning

Ancillary estate planning documents can be created as an alternative to a guardianship. These documents encompass disability and incapacity planning. Ancillary documents include: Durable Power of Attorney, Medical Power of Attorney, Directive to Physicians, HIPAA Authorization, and Declaration of Guardian.

2. Management Trust

A management trust can be created by the courts and overseen by a trust management company in order to make sure your loved one’s needs are met.

3. Geriatric Care Manager

A geriatric care manager can be an independent party that can oversee the care and management of your loved one.

Before you decide that your loved one needs a guardianship, take the time to look at these alternatives.