Aging can bring unexpected challenges, and while we all know we should plan, putting it off is easy. You may assume you have plenty of time or find the topic overwhelming. But what happens if you suddenly need help and don’t have a plan in place?
The reality is that without the right legal documents—such as a Health Care Proxy and Durable Power of Attorney—important decisions about your life and finances could be made by a court-appointed Guardian or Conservator. These individuals, often strangers, would have complete control over where you live, what medical care you receive, and how your money is managed.
The Consequences of Not Planning: Tom’s Story
Tom was an intelligent and successful man in his late 70s. He had retired from a prestigious career and kept himself busy by working at a library. One winter day, he slipped on ice, hit his head, and was taken to the hospital.
After being discharged, he became overwhelmed by the reality of being alone. A neighbor found him crying on the steps of his apartment building and called the police. He was taken back to the hospital, where doctors determined he had mild dementia and could not manage his affairs.
Since Tom did not have a Healthcare Proxy or Power of Attorney, no one was legally authorized to make decisions for him. The hospital had to go to court to request a Guardian and Conservator to step in. Tom waited nearly two months in the hospital before the court appointed a Guardian, a stranger who he had never met. Every major decision about his health and finances was out of his hands.
What Is Guardianship and Conservatorship?
When you cannot make decisions for yourself and do not have legal documents appointing someone to help, the court will appoint:
A Guardian: Decides where you live, what medical care you receive, and even who can visit you.
A Conservator: Manages your money, pays your bills, and handles your assets.
This process takes months, during which you could be left waiting in a hospital or facility. The court will then assign someone—often a stranger—to take control of your life and finances.
How to Protect Yourself
The best way to avoid court-appointed Guardianship and Conservatorship is to plan ahead. Here’s what you need:
1. Health Care Proxy
Allows you to name someone to make medical decisions if you become incapacitated.
2. Durable Power of Attorney
Grants someone you trust the ability to manage your finances.
3. Backup Decision-Makers
Name at least one back-up in case your primary choice is unavailable.
Ensure they understand your wishes and responsibilities and are willing to take on this significant job.
Don’t Wait Until It’s Too Late
No one expects to become incapacitated, but accidents, illness, and aging can happen unexpectedly. Without a plan, a court-appointed Guardian or Conservator could control every aspect of your life. Taking the time now to set up a Health Care Proxy and Durable Power of Attorney ensures that the people you trust—not a stranger—will make decisions for you. Planning ahead means maintaining your independence, dignity, and control over your future.
If you need to make a plan or are unsure whether your current legal documents are sufficient, we are ready to help ensure your wishes are honored. If you have a loved one who failed to plan, we can represent you in filing a Guardianship and/or Conservatorship petition.
Senior Solutions, Attorneys at Law, is an Estate Planning and Elder Law firm serving the Greater Boston, Massachusetts area since 2001. We are ready to help you with Medicaid Planning, Estate Planning, Probate, Guardianship & Conservatorships, Special Needs Trusts, and Fiduciary Services. We are here to help. Please call our office at 617-489-5900 or schedule a brief free consultation (offered to new clients) by clicking below:
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