Guardianship & Planning for Incapacity

Due in large part to advances in medical technology and a greater awareness of the important roles that diet and exercise play in keeping people healthy, seniors are living longer and healthier lives than even before.  Despite these gains, families are all too often confronted with the eventual decline of a loved one, both physically and mentally.  A gradual loss of capacity due to illness or simply old age can be disorienting and upsetting for an elder and difficult and frustrating for his or her family.  When an impairment results from a catastrophic injury or disease, quick action can save families heartache and headaches down the road.

At Brown & Brown, we help seniors plan for potential incapacity through the preparation of various important estate planning documents, like durable powers of attorney and health care proxies.  But planning for incapacity involves a lot more than simply putting together a few core documents.  We take the time to get to know our clients and their families so that we can properly advise them about other, equally important issues like succession plans in case an business owner becomes disabled, the purchase of long-term care insurance that may cover services they need, and frank discussions about whether certain family members should really be involved in day-to-day decisions.  In most cases, proper advance planning and diligent follow-through can make all the difference if an elder ends up needing a helping hand.

If a family member has not put together a plan for incapacity, then his or her relatives may have to petition a court for guardianship or conservatorship.  These restrictive proceedings allow a family member or friend to step into the shoes of a person who lacks capacity to manage his or her own affairs.  In some cases, like when a family member without a durable power of attorney needs to be signed into a nursing home, guardianship may be the only way to get the person the care that they need.  But guardianship and conservatorship should not be undertaken lightly – these proceedings are time consuming and complicated.  At Brown & Brown, we work with families who need experienced help to obtain the best and most efficient resolution when a guardianship or conservatorship is called for.