Avoiding Guardianship - Powers of Attorney

Do Not Let the Court Decide Your Fate

Establishing Powers of Attorney to Avoid Guardianship Proceedings

If you are declared incompetent by a court, the control of your affairs will transfer to another party. By being proactive, you can make the decision about who will act on your behalf — your spouse, a son or daughter, a trusted friend. If you wait and tragedy or illness strikes, a probate judge will appoint someone — perhaps a family member who does not have your true interests at heart.

We do not say this to scare you, but to drive home the importance of advance planning to avoid a difficult situation. None of us wants to think about a day when we will be unable to take care of ourselves, yet that day may come, maybe sooner than we imagine.

Armor Trust Attorneys can help you establish powers of attorney as part of your will and trust planning to avoid the personal pain and family disputes of guardianship proceedings. Based in Raleigh, North Carolina, we provide comprehensive estate planning services for clients throughout the Research Triangle counties. Contact us at (919) 571-4398.

Powers of Attorney

Avoiding guardianship requires you to designate one or more persons to make decisions in your stead:

• Durable power of attorney allows a person to take official actions, such as decisions about assets and investments, banking, real estate transactions, and business matters, in your name.
• Health care power of attorney designates a trusted person to make medical decisions, such as choice of care facilities, surgery and medications, and lifesaving measures, on your behalf.

Our experienced lawyers, Walt Sheffield or Erica Wehner, can draft your powers of attorney according to your goals and wishes. You can sign over control on a temporary basis at any time, sign over only limited powers, or stipulate in advance a triggering event (a disabling accident, a finding of incompetence by a probate judge) that will activate a power of attorney. Our job is to make sure the documents are legally unambiguous and clear to your loved ones when the time comes.

Legal guardianship proceedings can be emotionally wrenching. Plan ahead to avoid this unnecessary conflict and have the peace of mind that your chosen designee will act on your behalf. Contact our Raleigh office online or by calling (919) 571-4398 to arrange a consultation.