You may already understand the importance of end-of-life planning within your estate plan. But you must not overlook incapacity planning. While it is unpleasant to think about, you must prepare for the possibility of, sadly, becoming mentally incapacitated and thereby incapable of handling your affairs independently. If you do not, you may risk being placed under a conservatorship or guardianship one day. That said, please read on to discover the differences between a conservatorship and a guardianship and how a seasoned Broward County power of attorney at The Probate Lawyers can help you avoid being placed under either type of supervision.
What is the difference between a conservatorship and a guardianship?
The meaning of conservatorships and guardianships varies across state lines. As far as the state of Florida goes, a conservatorship is defined as a legal arrangement in which the probate court appoints an individual (i.e., a conservator) to manage the finances, assets, and overall financial decisions of another individual (i.e., a conservatee) who is ruled as having an incapacity or disability. For example, they may use your assets to pay property taxes, decide whether to sell your property, and more.
Similarly, a guardianship is a legal arrangement in which one individual (i.e., a guardian) takes charge on behalf of another individual (i.e., a ward). However, a guardian’s realm of control extends beyond financial affairs and covers medical and personal care decisions. What’s more, a ward may be an incapacitated or disabled individual, but also those of a minor age or those of an advanced age. Here, they may choose whether to place you in an assisted living facility, whether you should undergo certain medical treatments, and more.
How do I avoid being placed under either type of supervision?
To reiterate, a conservatorship or guardianship is established through court appointment. So, your conservator or guardian may be someone other than the individual you had in mind to care for you and your affairs. This may be because you never opened up to them about your best wishes, you do not fully trust them with this major responsibility, or another valid reason. And so, the most proactive way to avoid being placed under either type of supervision is to establish powers of attorney documents.
Essentially, these legal documents give certain individuals (i.e., agents) the authority to act on your behalf for certain financial, healthcare, and personal care decisions. The driving difference here is that you maintain control over who gets granted this power. All the while, you may supplement these documents with instructions for how you would have or wanted to have handled these affairs. Arguably, these tools are equally as important as your Last Will and Testament and trust documents.
Understandably, this may all seem like a headache during this especially overwhelming time. Well, to alleviate some of the pent-up stress, please turn to the legal aid of a competent Broward County estate lawyer. Contact our office, The Probate Lawyers, right now; someone will be more than happy to speak with you.
