Guardianship vs. Power of Attorney

As you can see, guardianship is a tedious and expensive process.  But if you plan ahead, you can avoid guardianship. Most people can avoid guardianship by using powers of attorney and/or trusts. While you are still healthy and competent, you should execute two powers of attorney: one for medical care and one for finance.  Agents that you designate as your medical powers of attorney can make medical decisions on your behalf when you become incapacitated. Similarly, agents designated as your durable powers of attorney can handle your financial matters on your behalf when you no longer has the capacity to do so.  In addition, you may also consider creating trusts to ensure that your assets go to the people that you want when you become incapacitated.