As you get older, there is a risk that you may not be able to take care of yourself. Whether you’re incapacitated because of injuries or illnesses, you could be subject to Article 81 proceedings.
Article 81 proceedings are those taken to determine guardianship over an incapacitated adult. Article 81 forms go over the guardian’s powers, for example, and contain the petition for guardianship.
It is important to note that someone can be appointed as your guardians whether or not you approve if you have mentally deteriorated past the point of deciding for yourself or have not selected a guardian in your estate plan.
When no estate plans are in place, your life is up in the air
When you don’t select a guardian in advance or include your wishes in your estate plan, it’s possible that people in your family may petition for guardianship. At that point, you may not have the right to choose who takes care of your finances or health care decisions, which could be upsetting.
That’s why it’s so important to talk about guardianships and powers of attorney in advance. By establishing your powers of attorney earlier in life, you’ll already know what will happen if you lose the mental capacity to take care of yourself.
Powers of attorney help protect you
When you choose your own powers of attorney, you’re protecting yourself. You can select one or more people who you trust to make decisions about your finances or health care. You can have sit-down conversations about your wishes and make sure you’re all in agreement on what you want to see happen if you’re incapacitated or aren’t able to discuss your wishes at a later date.
You can maintain control over your life
With the right kind of estate planning, you can avoid the need for a guardianship that you have no control over. It’s important to talk to your loved ones and to decide if you’d like to establish a power of attorney. If you want to have more control, then using the right legal processes can help you keep it for as long as possible.