• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
  • Home
  • Who We Are
    • About Our Firm
    • Attorney and Staff Profiles
    • Scott P. Schomer Certified As Specialist In Estate Planning, Trust And Probate Law
    • Trust and Probate Litigation: Verdicts and Settlements
  • Services
    • Estate Planning
    • Probate
    • Trust Administration
    • Trust, Probate and Estate Litigation
    • Family-Owned Businesses
    • IRA & Retirement Planning
    • LGBTQ Estate Planning
    • Loss of a Loved One
    • Power of Attorney
    • SECURE Act
    • Special Needs Planning
    • Asset Protection & Business Planning
    • Estate and Gift Tax Figures
    • Young Families
  • Probate
    • Is Probate Always Necessary In California?
    • Probate & Estate Planning Savings Calculator
    • Probate Administration
    • Probate Code 850 Petitions
    • Probate Disputes
    • Probate In California
    • Probate Laws
    • Probate Litigation
    • Why Hire A Probate Attorney
  • Elder Law
    • Conservatorship
    • Coping with Alzheimer’s
    • Estate Planning
  • Resources
    • Elder Law
      • Elder Law & Medi-Cal Definitions
      • Elder Law Reports
    • Estate Planning
      • Estate Planning Articles
      • Estate Planning Checkup
      • Estate Planning Definitions
      • Estate Planning Reports
        • Advanced Estate Planning
        • Basic Estate Planning
        • Estate Planning for Niches
        • Trust Administration
      • Incapacity Planning Definitions
      • Is Your Estate Plan Outdated?
      • Special Needs Planning Can Protect Benefits
      • Top 10 Estate and Legacy Planning Techniques
    • Free Estate Planning Worksheet
    • Free Seminars
      • Webinars
    • Frequently Asked Questions
      • Advance Health Care Directives
      • Asset Protection
      • California Adult Conservatorship
      • Estate Planning
      • Estate Planning & Remarriage
      • Frequently Asked Questions For Families Without An Estate Plan
      • In-Home Elder Care
      • IRA Inheritance Planning
      • IRA & SECURE Act
      • Irrevocable Trust
      • Last Will and Testament
      • Legacy Wealth Planning
      • LGBTQ Estate Planning
      • Living Trust
      • Probate
      • Special Needs Planning
      • Trusts
      • Trust Administration
      • Wills
    • Newsletters
    • Pre Consultation Form
    • Presentations
    • Published Book
    • Trust Administration & Probate Resources
      • Bereavement Resources
      • How to Know if You Need Extra Help With Your Grieving
      • Loss of a Loved One
      • The Mourner’s Bill of Rights
      • Things You Need To Do When a Loved One Passes Away With a Trust
      • Things You Need To Do When a Loved One Passes Away With a Will
      • Trust Administration & Probate Definitions
  • Reviews
    • Our Reviews
    • Review Us
  • Communities We Serve
    • Los Angeles County
      • Bellflower
      • Cerritos
      • El Segundo
        • El Segundo Probate Resources
      • Hawthorne
      • Inglewood
      • Long Beach
        • Long Beach Elder Resources
        • Long Beach Probate Resources
      • Manhattan Beach
      • Playa del Rey
      • Santa Monica
      • Westchester
        • Westchester Elder Resources
        • Westchester Probate Resources
    • Orange County
      • Anaheim
      • Buena Park
      • Cypress
      • Fountain Valley
      • Garden Grove
      • Huntington Beach
        • Huntington Beach Elder Resources
        • Huntington Beach Probate Resources
      • Los Alamitos
        • Los Alamitos Probate Resources
      • Rossmoor
      • Stanton
      • Seal Beach
      • Westminster
  • Contact Us
  • BLOG
  • Videos

Schomer Law Group, Los Angeles Estate Planning and Elder Law and Elder Law Attorneys

Schomer Law Group, Los Angeles Estate Planning and Elder Law and Elder Law Attorneys

Connect With Us Today (310) 337-7696

Attend a Free Event
Home » Elder Law » Take Steps to Prevent a Guardianship

Take Steps to Prevent a Guardianship

October 24, 2019Elder Law

guardianshipA guardianship proceeding could be convened if you were to become unable to handle your affairs as a senior citizen without taking any steps in advance to prepare for this contingency. Before you turn the page under the impression that you will never become incapacitated, you should understand some statistics.

Incapacity can be caused by various different conditions, but there is one disease that completely changes the playing field. Everyone has heard of Alzheimer’s, but many are surprised when they hear about its widespread nature. According to the Alzheimer’s Association, 40 percent of people who are 85 years of age or older are suffering from this disease.

Alzheimer’s causes dementia, and people with dementia are typically going to become unable to handle their own personal and financial affairs.

Understanding Alzheimer’s is part of the equation, but you should also recognize the current state of affairs when it comes to longevity. The United States Census Bureau has stated that the segment of the population that was between 85 and 94 grew faster than any other group between 2000 and 2010.

The bottom line is this: you may well live into your eighties and perhaps beyond, and incapacity is quite common among the oldest old.

Guardianship Disadvantages

A guardianship would fill a void, so it is not entirely negative. At the same time, there are some disadvantages to take into consideration.

First and foremost, the decision-making would be out of your hands with regard to the choice of a representative. Depending on your level of competence, your voice could be considered, but in the end, the state would decide your fate.

Potential family disagreements could arise as well, and this is another disadvantage. Thirdly, the guardianship proceeding could potentially take some time, and important decisions could be left dangling during this interim.

Incapacity Planning

You can overcome these disadvantages if you plan ahead in advance for possible incapacity. If you take the right steps, decision-makers of your own choosing would be empowered to act on your behalf, and there would be no need for a guardianship.

An incapacity plan will typically involve the utilization of durable powers of attorney. You are probably aware of the fact that a power of attorney is a legal device that can be used to empower someone else to act on your behalf. A durable power of attorney will remain in effect even if you become incapacitated.

The plan will typically include a durable financial power of attorney, and a durable power of attorney for health care decision making. When you are creating durable powers of attorney, you should take certain things into consideration when you are selecting your agent. Obviously, you want to use an agent that is willing and capable, and the person should be completely trustworthy.

Geography will also enter the picture. If you were to become incapacitated late in your life, the agent may be called upon to act on an ongoing basis for an extended period of time. Ideally, the agent should live close to you so that it is easy for the representative to conduct business on your behalf.

The age of the agent is another thing to take into account. You should have an incapacity plan in place as soon as you are a self-supporting adult. The agent that you name in the document may not be called upon for decades, so you should consider the anticipated lifespan of the person that you choose.

Take Direct Action!

If you recognize the value of incapacity planning after reading this post, now is the time for action. We offer free, no obligation elder law and estate planning consultations, and you can rest assured that you will feel perfectly comfortable from the first moment that you walk through our doors.

After we gain an understanding of your overall objectives and family dynamic, we will help you put a comprehensive estate plan in place that includes an incapacity preparation component.

To set up an appointment, send us a message through our contact page or give us a call at 310-337-7696.

 

 

 

  • Author
  • Recent Posts
patrick
Latest posts by patrick (see all)
  • Take Steps to Prevent a Guardianship - October 24, 2019

Other Articles You May Find Useful

Los Angeles elder law attorneys
5 Things You Should Know About Elder Law
Los Angeles elder law attorneys
Educate Yourself for Alzheimer’s Awareness Month
Los Angeles elder law attorneys
Why a Family Caregiver Is Not Always the Best Option
Los Angeles elder law attorneys
Does My Parent Need a Legal Guardian?
caregiver
Tips for Long-Distance Caregivers
Los Angeles elder law attorneys
Should I Purchase Long-Term Care Insurance?

Primary Sidebar

Schomer Law Group, Los Angeles Estate Planning, Probate, and Elder Law Attorneys

Schomer Law Group

Subscribe To Our Blog

Sign up using the form below to get our latest estate planning updates!

  • This field is for validation purposes and should be left unchanged.

Testimonials

Client Review
July 29, 2020
    

We need to update our Living Trust and attended Schomer Law Group’s seminar. Afterwards we made an appointment and were impressed by the attention Scott Schomer and Liran Aliav gave to our case answering all questions and making suggestions how to minimize the estate tax. All the office staff is very friendly and we highly recommend Schomer Law Group.

Frank & Jutta R
Client Review
July 29, 2020
    

Mr. Schomer does an amazing job at explaining all the intricacies of establishing a trust. He and his team help you every step of the way so you always know what to expect and what you are preparing for. Best education you can get and the best gift you can give your family.

Paula M.
Client Review
July 29, 2020
    

We put off getting a trust for years. After attending a seminar with Scott Schomer we realized that the time had come to get a trust. We were given very good reasons for why we should get a trust. No pressure, just the plain facts. We are very relieved and happy to finally get our trust. Scott and Cesar were very knowledgeable, helpful and listened to our ideas of what we had to say. Any questions that we have now and in the future they are available to assist us to solve them. I recommend the Schomer Law Group and I wish we knew about them years ago.

Phillip G.
Client Review
July 29, 2020
    

When you’re presented with an invitation to attend in a mailer, you may have reservations, this was a truly gift!! My wife and I were educated and guided through the process of creating a family trust.
Both of our parents had attorney’s that “worked” with wills/trusts, but came up short. Fortunately, the Schomer Law Group was there! This is a group of attorney’s that only specialize in estate planning, law, and financial advice, so you know you’re getting expert and personalized advice. This is the best money we’ve ever spent!! Thank you!

Bob L.
Client Review
July 29, 2020
    

We knew we had to update our 10 year old ( 20 page ) trust. After several detailed meetings, Liran and Cesar produced a large ( 300 pages + ) highly detailed trust document that we have used to make sure our family estate is well managed and clearly understood.
They were all very helpful in answering myriad questions and explaining all the various options…

We would strongly recommend the Schomer Law Group to anyone with an estate of even modest means, to assure proper planning…

Bob S.
Client Review
July 29, 2020
    

We had contemplated updating our will and starting a trust for a number of years. After attending a talk by Scott Schomer we realized we were long overdue and the potential downside of not having our affairs in order was significant. Scott and his excellent team made the process simple and seamless. They were great listeners, addressed all our concerns and even pulled and processed all the paperwork from our financial institutions. If you are looking for assistance with estate planning, wills and trusts, we highly recommend Schomer Law Group.

Robert F.
Client Review
July 29, 2020
    

Very competent & informative – friendly atmosphere – ready to answer the most mundane questions – relaxed.

Joan S.
Client Review
July 29, 2020
    

Mr. Schomer was excellent in getting our family trust and estate affairs in order. My husband and I had put off doing this and Scott really made the process easy! He is very passionate in making sure his clients get all that they need and we really appreciated it. I would highly recommend him and look forward to the many years he will be available to assist our family.

Kim

Follow Us

  • Facebook
  • Twitter
  • Linkdin
  • Youtube
  • Instagram
  • Pinterest

Office Address

El Segundo
2155 Campus Drive
Suite 250,
El Segundo, CA 90245
Phone: (310) 337-7696
Fax: 310-337-1277

See Larger Map Get Directions

Office Hours

Monday9:00 AM - 6:00 PM
Tuesday9:00 AM - 6:00 PM
Wednesday9:00 AM - 6:00 PM
Thursday9:00 AM - 6:00 PM
Friday9:00 AM - 6:00 PM

Footer

  • Advantages of Working With Our Firm
  • About The American Academy
  • Disclaimer
  • Privacy Policy
  • Sitemap
  • Contact Us

Schomer Law Group

Connect with Us

  • Facebook
  • Twitter
  • Linkdin
  • Youtube
  • Instagram
  • Pinterest

footer-logo
© 2023 American Academy of Estate Planning Attorneys, Inc.

Schomer Law Group

Attorney Advertisement.

© 2023 American Academy of Estate Planning Attorneys, Inc.