At some point before death, many of our elderly parents will become physically or mentally unable to manage their own affairs. When that happens, family members often think that one of them will automatically become the guardian of their disabled or mentally incompetent parent. Unfortunately, this is not the case. If a person fails to plan for the potential need for guardianship prior to becoming physically or mentally incompetent, then it is the court that makes the determination as to the need for guardianship and who should serve as guardian. Often the court appoints a professional guardian who acts principally out of economic motives and not from affection or family obligation. Don’t allow the state to take over the management of your life and assets by appointing a non-family member as your guardian should you need one. Consult with an estate planning attorney and prepare documents that prevent this from occurring.
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