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Reasons to include a guardianship in your long-term care planning

On Behalf of Law Offices of Bonnie M. Benson, P.A. | Aug 29, 2024 | Elder Law

Long-term care planning requires thoughtful consideration to provide for all your future needs. It is important to account for the possibility of physical or mental incapacity. 

Establishing a guardianship is often a necessary part of this planning. A guardianship designates someone to make decisions on your behalf in the event of incapacitation, providing protection and continuity in your long-term care.

Safeguarding your affairs

One reason to include a guardianship in long-term care planning is to safeguard decision-making. Aging can bring challenges like dementia or other cognitive impairments that may limit your ability to make sound decisions. If you lose the capacity to manage your affairs, an appointed guardian can step in to handle financial, medical and personal matters. This serves to protect your best interests even when you cannot express your own wishes.

Preventing disputes

Choosing a guardian can prevent heated disputes among family members. When someone becomes incapacitated without a clear plan in place, disagreements can arise over who should take responsibility for their care. In some cases, these disputes may even lead to court battles. By designating a guardian in advance, long-term care planning can prevent these conflicts. The appointed guardian can act according to your specified preferences, reducing the risk of family tension and ensuring a smooth transition in decision-making.

Managing your finances

Additionally, a guardianship can help manage financial affairs effectively. If you become unable to handle your finances, bills may go unpaid or financial exploitation may occur. A trusted guardian can take control of your finances, manage your investments and protect your assets. In Delaware, the court oversees the guardian’s actions, adding an extra layer of protection.

Long-term care planning entails finding solutions for many worst-case scenarios. While it can be a difficult matter to discuss with friends and family members, choosing the right person for a guardianship can make things easier for everyone down the road.

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