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Sometimes elders lose their ability to manage their own affairs properly or to make responsible decisions regarding their health. In these situations, a guardian may need to be appointed to handle their affairs. This legal process takes away the rights of the person who is determined by the Court to be incompetent.
When we assist clients with planning, we draft powers of attorney for property and health care, to reduce the need for a guardian in the future. There can be situations, however, where guardianship cannot be avoided, due to family circumstances or the elder's lack of cooperation in making decisions in his or her best interests.