When a Court Appointed Guardian is Needed

A properly drafted Power of Attorney and Living Will can supply the authority needed to preclude the need for a court to appoint a legal guardian. However, these documents do not bar the need for legal guardianship.

A court appointed guardian may still be required if the named agent dies and no successor agent exists, when multi-party agents raise disputes, or if the agent does not act in accordance with fiduciary standards. Additionally, a court appointed guardian may still be required to stop a client with diminished capacity from engaging in business and monetary dealings to the detriment of his or herself and family.

See Deirdre Wheatley-Liss, When a Power of Attorney isn’t Enough a Guardianship may be Needed, New Jersey Estate Planning & Elder Law Blog, Sep. 8, 2011.

Special thanks to Jim Hillhouse (WealthCounsel) for bringing this post to my attention.