How to Avoid Guardianship for Your Clients and Yourself!

5 Pages Posted: 3 Sep 2013  

Lawrence A. Frolik

University of Pittsburgh - School of Law

Date Written: August 22, 2013

Abstract

The loss of mental capacity among the elderly too often leads to the imposition of guardianship. That need not be the case. Guardianship is frequently the result of the lack of planning. The proper use of durable powers of attorney, inter vivos trusts, and advance health care directives can greatly reduce the likelihood that an individual will ever be in need of a guardian. Appropriate housing is another key component because guardianship may be needed to move an older individual into housing that is safer and meets the individual’s need for some degree of assistance.

Keywords: guardianship, conservatorship, mental incapacity, Alzheimer's, dementia, senility, durable powers of attorney, POA, advance healthcare directives, healthcare power of attorney, living wills, revocable inter vivos trusts, agency law, autonomy, appropriate housing, surrogate decision maker

JEL Classification: K11, K19, K39

Suggested Citation

Frolik, Lawrence A., How to Avoid Guardianship for Your Clients and Yourself! (August 22, 2013). Experience, Vol. 23, p. 26, 2013; U. of Pittsburgh Legal Studies Research Paper No. 2013-27. Available at SSRN: https://ssrn.com/abstract=2314589

Lawrence A. Frolik (Contact Author)

University of Pittsburgh - School of Law ( email )

3900 Forbes Ave.
Pittsburgh, PA 15260
United States
412-648-1363 (Phone)

HOME PAGE: http://www.law.pitt.edu/people/lawrence-frolik

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