Thursday, September 19, 2013
Lawrence A. Frolik (University of Pittsburgh School of Law) recently published an article entitled, How to Avoid Guardianship for Your Clients and Yourself!, Wills, Trusts, & Estates Law eJournal, Vol. 9, No. 25 (Sept. 18, 2013). Provided below is the abstract from SSRN:
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.