What would happen if you became completely incapacitated? Who would care for you? Who would manage your finances? In many cases, a Power of Attorney could be useful, but in some situations a court might need to legally appoint a person or persons to be your conservator and/or guardian.
A conservator is someone who is legally given broad authority to manage your finances and property. A guardian is someone given legal authority to care for your person, that is to provide physical care. These legal authorities are only appointed by a court process through which the court determines both that they are needed and who each will be. If you have preferences for who you would like those people to be, you can state them in advance in a ‘nomination’ document prior to your incapacity. This can be particularly important if your preferences do not mirror traditional family relationships—perhaps you have a trusted friend who you would like to appoint or a specific child out of several who you believe would be best suited.
Nominations of Conservators and Guardians are included in our comprehensive estate planning packages. Please contact us if you would like to explore your options.