What alternatives are there to guardianship and conservatorship?

A guardianship and conservatorship removes the fundamental right of the protected person to make his or her own decisions.  Because of this profound loss of freedom and dignity, state laws requires that guardianship and conservatorship be imposed only when less restrictive alternatives will be ineffective.  Some incapacitated individuals can make responsible decisions in some areas of their lives but not others. Therefore, the law provides a preference for a limited guardianship and conservatorship.  A limited guardian or conservator has only those powers listed in the court order.

Proper advanced planning can often prevent the need for a guardianship and conservatorship.  Through the use of trusts, advance healthcare directions, powers of attorney and representative payees, a guardianship and conservatorship can be avoided.  However, those things must be put in place before a person loses their mental capacity.

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Advance Healthcare Directives

An Advance Healthcare Directive is what used to be called a Living Will and a Medical Power of Attorney. In an Advance Healthcare Directive a person is able to say how they want their end of life experience to be. The person designates which life saving procedures they would like done and which procedures they do not want. A person can also designate an agent to make medical decisions for them if the person is unable to make decisions on his or her own. Having an Advance Healthcare Directive can take a lot of pressure off of family members at a very stressful time and ensure that your wishes are met.