Why is a Guardianship Needed? I Have POA Healthcare Documents and a Trust.
A guardianship may not be needed if somebody has a power of attorney, some healthcare documents appointing someone to make healthcare decisions for them if they’re unable to, like when they’re incapacitated. And there’s a mechanism to manage their properties such as a revocable trust. So you may not need a guardianship in that instance. The question becomes, if you don’t have those documents do you need to establish a guardianship? And the question also becomes by some family members, if they don’t like what those documents say, are they going to come in and try to be appointed the guardian and make your decisions for you?