Pre-Need Guardian
A declaration of pre-need guardian is a instrument which recommends a person to serve as the guardian of the person, property, or both of an individual in the event the individual is determined to be unable to handle his or her own affairs.
The primary purpose of a declaration of pre-need guardian (used in conjunction with a durable power of attorney) is to avoid guardianship proceedings; however, it also can be useful to avoid conflicts that could arise if you were to suffer incapacity. The filing of a petition to determine incapacity temporarily suspends a durable power of attorney. In such an event there would be no person authorized to act on your behalf, and the Court would follow certain default rules in naming that person, regardless of whether that person would have been your choice.
Having a declaration of pre-need guardian on file could help avoid this problem by designating the person you choose to represent you in the event of your incapacity.
The primary purpose of a declaration of pre-need guardian (used in conjunction with a durable power of attorney) is to avoid guardianship proceedings; however, it also can be useful to avoid conflicts that could arise if you were to suffer incapacity. The filing of a petition to determine incapacity temporarily suspends a durable power of attorney. In such an event there would be no person authorized to act on your behalf, and the Court would follow certain default rules in naming that person, regardless of whether that person would have been your choice.
Having a declaration of pre-need guardian on file could help avoid this problem by designating the person you choose to represent you in the event of your incapacity.
