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Tuesday, August 10, 2010

Planning ahead can ease the process of adult guardianship

I'm attaching an article here that talks about a non-profit group in Texas that acts as legal guardian and trustee for adults who need that help, when appointed by the courts. I don't know of any Canadian equivalent. What do you think of this concept? In Canada, if you haven't planned ahead for your own mental capacity, the courts will likely appoint a family member or friend to represent you. If you don't have anyone who is able and willing to take this on, the remaining options are a trust company (for financial, but not health/medical/personal, decisions) or the Public Trustee and Public Guardian.

I completely agree with the author's comments that people should plan ahead. Most estate-planning lawyers consider planning for incapacity to be just as important as planning for passing away, and will encourage clients to prepare all needed documents.

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