Article on Avoiding Guardianship

Lawrence A. Frolik (University ofPittsburgh School of Law) recently published an article entitled, How to AvoidGuardianship for Your Clients and Yourself!, Wills, Trusts, & Estates LaweJournal, Vol. 9, No. 25 (Sept. 18, 2013).  Provided below is the abstractfrom SSRN:

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