How Retiring Adults Can Avoid Guardianship

Estate planning often becomes a greater priority as we age. New Jersey residents who procrastinated over drafting wills previously may finally sit down to think [...]

Table of Contents

Recent Articles

Smiling husband and wife using laptop and doing paperwork together

Estate planning often becomes a greater priority as we age. New Jersey residents who procrastinated over drafting wills previously may finally sit down to think about the legacy they leave when they die and the support they may need as they age.

Estate plans can start small, with basic documents like wills. Some testators preparing for retirement may have drafted wills to distribute their property among their loved ones and protect their dependents. They may need to update their documents and expand their plan to include additional documents. 

One concern many people preparing for their golden years have is the possibility of losing control of their lives. When an individual’s health and cognitive function decline with age, other people might go to court seeking guardianship over them.

If you have not already done so, it may be time to take steps to protect against the loss of authority that comes with adult guardianship.

Let’s explore how to protect against guardianship and retain control over your decisions as you age.

Designating Power of Attorney

No one ever knows what may happen to their health as they age. Many people retain their cognitive capabilities and physical health well into their retirement years. Others may develop medical issues that make them reliant on others for support.

Physically debilitating symptoms and conditions that cause cognitive decline can render people incapable of independently managing their daily lives. In such scenarios, family members, professional caregivers and other concerned parties could potentially go to court and ask for guardianship as a way to support an older adult. However, not everyone who pursues guardianship necessarily has the best interests of a vulnerable person at heart. Preparing now by designating a power of attorney can help you ensure the person managing your finances or otherwise overseeing your estate is someone who wants what is best for you.

Put Five Decades of Estate Law Experience to Work for You

Our elder law attorneys have decades of experience helping New Jersey families draft durable powers of attorney. We will use our 50 years of experience serving the East Brunswick community to help address your range of estate law concerns and considerations as you plan your ideal retirement.

Cosner Law Group helps our clients age with dignity while ensuring they and their family have the legal support they need in all areas of estate planning. If you have questions about creating durable powers of attorney and maintaining control over your assets, request a free consultation with our estate planning lawyers today via 732-937-8000 or book your free estate planning consultation online.