Will - Updating Will - Invalid or No Will - Power of Attorney - Personal Directive
Concerns with Court-Appointed GUARDIAN vs PERSONAL DIRECTIVE
Legally protect your health and medical interests while still alive, yet incapable of acting for yourself due to personal incapacity.
To schedule an appointment, contact our law firm at 403-400-4092 or Chris@NeufeldLegal.com
Without a personal directive, should you become incapacitated, or otherwise be unable to make decisions for yourself, you could very likely be conferring power for medical and health-related matters to a court-appointed guardian. This in turn presents a number of challenges that you should be aware of, including:
A. Loss of Personal Choice and Autonomy
-
This is arguably the most significant concern.
-
Loss of Decision-Making: When a court appoints a guardian, the incapacitated person loses their right to make decisions about their own life, including medical treatment, where they live, and even their financial affairs (if a guardian of the estate or conservator is appointed).
-
The Guardian May Not Reflect Your Values: The guardian, even if a family member, is legally bound to act in your "best interests" as determined by the court, which might not align with your personal wishes, values, or beliefs, especially for end-of-life care.
-
B. Lack of Control Over Who is Appointed
-
The Court Chooses: The judge appoints the guardian, which may not be the person you would have chosen.
-
Potential for a Professional Guardian: If no suitable family member or friend is willing or able to serve, the court may appoint a professional guardian, who is a stranger and may lack the personal knowledge of your history and preferences that a family member would have.
C. Cost and Time
-
Expensive Process: Guardianship proceedings are typically costly, involving legal fees for the person filing the petition, the court-appointed attorney for the person allegedly incapacitated, and the ongoing fees of the guardian themselves.
-
Time-Consuming: The legal process to determine incapacity and appoint a guardian can take a long time, leading to delays in making critical medical or residential decisions.
D. Family Conflict
-
Disputes: If multiple family members disagree about whether a guardianship is needed or who should be appointed, the proceedings can become contested, leading to emotional stress and even higher legal costs.
-
The Court's Standard: The court will try to determine the "best interests" of the person, which can force family members to take sides and damage relationships.
E. Lack of Privacy
-
Public Record: Guardianship proceedings are typically a matter of public record, meaning personal, medical, and financial details become accessible to the public.
Whether you are looking to have a personal directive created or require legal representation in the implementation of an incapacitated person’s personal directive, contact our law firm today at 403-400-4092 or via email at Chris@NeufeldLegal.com to schedule a confidential initial consultation.
IMPORTANT NOTE: This website is designed for general informational purposes. The site is not designed to answer specific questions about your individual situation or entitlement. Do not rely upon the information provided on this website as legal advice in respect of your individual situation nor use it as substitute for individual legal advice. If you want specific legal advice, you need to engage a lawyer under established legal engagement procedures that have been specifically agreed to by that lawyer.
Contact Info - Mobile Services - Hospital Visits - Legal Notices - Privacy - Terms of Use - Main Will Webpage