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How to Avoid Guardianship

Posted by Anthony Serra | Jan 29, 2021 | 0 Comments

Signing a Power of Attorney.

As an elder law attorney, I make a living representing people in obtaining guardianship over their elderly parents or family members. But guardianships can be avoided in most cases by one simple thing – A Power of Attorney. A Power of Attorney establishes the legal basis for someone to act on behalf of another person if and when they become disabled. A Power of Attorney is a very simple document to prepare at a fraction of the cost of a guardianship. Without a Power of Attorney in place, there is no legal authority for one person to act on behalf of another person. This is true even in the case of a married couple were assets are owned in individual names.

However, a Power of Attorney can only be executed while a person is competent to do so. Once a person becomes disabled to the point they no longer have the legal capacity to sign a Power of Attorney, then a guardianship may be the only choice.

I represent hundreds of people in developing their estate plan and in all cases, I recommend they execute a Power of Attorney as a way of avoiding the need for a guardianship in the future. A Power of Attorney is the cheapest form of insurance you will even encounter!

About the Author

Anthony Serra

Tony Serra is a passionate advocate, especially for the elderly, disabled and those of modest means who need the services of an experienced and caring attorney. For more than 30 years, Tony has been helping common, everyday folks navigate their way through life's turbulent waters. Through innovation and utilizing modern technology, Tony and his law firm are now able to offer quality legal services that at one time were prohibitively expensive, at a fraction of the cost. If you need basic legal services, such as a Will, Power of Attorney, Living Will, Special Needs Trust, real estate transactions, uncontested guardianship pleadings and much more, please visit our website and our SMART LAW legal services platform. You will be pleasantly surprised by what we offer and glad you did! Tony is also an experienced mediator and founder of the Conflict Resolution Center of NJ. Tony has specific training in family matters as well as elder law and contested guardianship and estate cases.  

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