How to Avoid the Shortcomings of the Guardianship Process

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8th Apr 2015

Avoid the heartache and headache of a guardianship and encourage your loved ones to draft their legal documents. If you’re looking to draft you or your loved ones legal documents, turn to the experienced elder law attorneys at Rooth & Rooth. No preprinted form can answer your questions and having an attorney working with you helps to avoid the pitfalls that many people encounter, costing them thousands of dollars.

The Tampa Bay Times had an interesting article discussing the shortcomings of the guardianship process. The article serves as a great example of why each and every one of us should draft a valid durable power of attorney and health care surrogate. During the drafting process, you should list a primary person and at least one secondary person that you are appointing to act on your behalf.

The mess created in the guardianship process most commonly happens because either no one takes responsibility for their loved one or no one can agree on how to best care for their loved one. As you can see, by appointing someone to stand in your shoes you may avoid the pitfalls of a guardianship. Not every guardianship is avoidable but there are plenty of opportunities to circumvent the guardianship process by drafting the legal documents recommended above.

The guardianship process is not only very expensive but also it can be very troubling for someone to appoint a perfect stranger to be responsible for the decisions made on behalf of your loved one. Some feel they may be left without a voice to make any decisions at all in regards to their loved one.

Do not hesitate to talk with your family and friends about the importance of having a durable power of attorney and health surrogate. Caring for family and friends should be as easy as talking about sports or other leisurely activity. If your family or friends have not drafted their legal documents encourage them to contact Rooth & Rooth Elder Law Attorneys. For a small price, you may have just saved them their entire legacy.


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