Myth #5 - I've heard about guardianships in the news. They sound scary!

Okay, this isn't a myth! Guardianship and conservatorship can be scary, but they usually are not needed if a person has a valid health care directive and durable power of attorney in place. Celebrities such as Britney Spears and Wendy Williams have brought media attention to the issues of guardianship and conservatorship, but these are issues that people face every day.

A guardianship is a legal process in which the court may appoint an individual to make personal decisions regarding health, medical treatment, and living arrangements on behalf of another person who is unable to do so due to age, mental incapacity, or disability. A conservator/guardian of the estate pertains specifically to the management of an individual's financial and contractual affairs.

Although each individual case differs, there are due process protections in the legal process to ensure that the person actually needs such an appointment and that someone who is capable and trustworthy is appointed to act in the person's best interest. Many elder law attorneys have substantial experience in seeking to establish, defend against, and administer guardianships and conservatorships, so they can help you understand your options and ensure that the rights of your loved ones are protected. They can also advise you on less restrictive alternatives where appropriate.