You Can Avoid Going to Court for Guardianship

If you become incapacitated and a loved one needs to manage your affairs, they will either have to present a power of attorney document in which they are named agent, or petition the Orphan's Court for guardianship. Guardianship proceedings are costly (because your loved one will likely need a lawyer and medical testimony), time consuming and should be avoided when possible. With a power of attorney, you name a trusted family member or friend as your agent and empower them with the authority to manage your affairs, without having to go to court.

With a power of attorney, you can avoid going to court for guardianship.


 

You Ease the Burden on Family

As mentioned above, court-ordered guardianship over you is the alternative if you are incapacitated and without a power of attorney in place. These proceedings usually cost thousands because you'll need to hire an attorney to submit the petition, prepare notices, and to represent the person seeking guardianship in court at a hearing to determine whether or not you are incapacitated under the law. To prove this, it is usually necessary to secure the testimony of a medical professional, which adds hundreds or thousands to the bill. In contrast, drafting a power of attorney in advance costs $1,000 or less (see prices below), and allows your agent to act immediately, without having to wait for the conclusion of guardianship proceedings.

With a power of attorney, you ease the burden on family.


 

You Allow for Quick Action

As mentioned above, guardianship proceedings can take a month or more at a time when quick action may be necessary on your behalf. For example, bills may need to be paid from your account (if your loved ones can't cover them), and without a power of attorney or guardianship, your loved ones do not have the authority to access your funds. The delay in securing guardianship, whichis by no means guaranteed to be a success, may be the difference between on-time and late payment, and could result in a negative mark on your credit score. With a power of attorney, there is no delay as your agent has the authority to act for you immediately.

With a power of attorney, you allow for quick action.


Interested in hiring Chestnut Hill Legal?
We offer free consultations and simple, flat fee pricing.

$500 for you. $750 for you and your spouse or partner.

Or, for a little more, consider an estate planning package
which includes a will, power of attorney, medical power of attorney and living will.

To get started, submit the form below or call Louis P. DiLello, Esq. at (267) 331-9269.

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