Atty. Sarah explained why someone needs guardianship and conservatorship, “I often explain that in certain circumstances when someone has already reached the point where they are incapacitated or have diminished capacity and are not able to make decisions for themselves, if they don’t have powers of attorney, unfortunately, it might be too late for them to execute legal documents.” She advised, “It’s important that people think through how to know being appointed in these roles would potentially impact their relationships among family members. There really needs to be a good reason to have one person appointed in both roles as a guardian and a conservator. It provides more balance and accountability when you’re having different people in different roles as opposed to one person managing of everything for the incapacitated person.” She also recommends, “Everyone should have state planning documents in place and it doesn’t matter how old you are, how healthy you are especially as it pertains to powers of attorney.” You can reach Atty. Sarah at sarah@golombeklaw.com for inquiries. To know more about guardianships and conservatorship, listen to the entire conversation between Atty. Sarah and Mary Elaine.
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