Planning for the potential need of a guardian is an essential part of your estate planning. A guardian is someone you trust to take care of you, look out for your best interest, and make decisions on your behalf. The guardian steps in when you become incapacitated or unable to make important life decisions for yourself. This is an important role, and you want someone you trust to make the decisions you would agree with. A pre-need guardian form can give you control over who that person is if/when the day comes that you require a guardian. These nine benefits of a pre-need guardian will show you why it’s so important to include it in your estate planning.
1. Early Planning and Decision Making
You have more time to make decisions when you do estate planning early. This reduces the stress placed on your shoulders and allows you to thoroughly think through your choice of guardian. You can use a pre-need guardian form as a part of your greater estate plan. That way, you can make additional arrangements for your financial and physical assets.
2. Personalized Care and Protection
Having someone that you trust to be your guardian is essential. With a pre-need guardian form, you can choose who you want to step into this role. In addition, you can name alternative individuals. That way, you will have someone who can take the place of your first choice should the need arise. You will also have time to speak with your chosen guardian. Tell them your wishes and intentions. That way, they can provide you with personalized care and protection that aligns with your wishes.
3. Avoiding Conflict and Family Disputes
Naming pre-naming your guardian will reduce the risk of family conflict. You will file your pre-need guardian form with the court. Then, if the day comes when you require a guardian, your family can refer to your filed form. Should your family attempt to file for guardianship, the court will refer to your pre-filed form.
4. Flexibility and Control
You are not stuck with your initial choice of guardian. You can update and change your pre-need guardianship choice. This lets you retain control over yourself, your future, and your assets.
5. Peace of Mind for Loved Ones
You can give your family members and loved ones peace of mind by knowing your future care is taken care of. Filing your pre-need guardian form gives you the perfect conversational opener to talk with your family about your wishes. You can make arrangements together to give everyone peace of mind and confidence. This communal approach to aging family care can also bring everyone together.
6. Streamlined Process in Case of Incapacity
If you don’t have a pre-need guardianship form filed with the court, the process for appointing one can be drawn out and costly. Your family will need to petition the court to recognize your status as incapacitated and then ask the judge to appoint a guardian. This can put all of your affairs on hold while your family’s petition goes through the court process. Alternatively, this document will immediately take effect if you have a pre-need guardianship filed with the court. This creates a smoother and faster transition process.
7. Cost Savings
Going through the legal process that involves petitioning the court is always more expensive than filing your completed forms and not requiring a hearing. In comparison, you could pay an attorney to prepare a standard pre-need guardian form and file it. Alternatively, your family would need to pay an attorney to file a petition, pay court fees, and then pay for the attorney to attend a hearing. This becomes more expensive if another family member also petitions, and there is conflict over who should become the guardian.
Prepare Your Estate Planning Documents
There are several pre-need guardian benefits that come with filing your pre-need guardian form. Have complete control over your future care by choosing your guardian early on. Have the necessary conversation with your family so they know your wishes. This will give them peace of mind while reducing the risk of conflict later. Should the day come when you need a guardian, the process will be smoother with your wishes already on record with the court.
Schedule a consultation with our experienced attorneys today to prepare your pre-need guardian form.
