I Care A Lot: Why a Designation of Guardian is Critical

When planning your estate, the goal is often to ensure your assets are managed smoothly and your wishes are honored without the need for court intervention. Many of the tools used in estate planning, such as trusts and powers of attorney, are designed to avoid guardianship. However, even with these safeguards, including a Declaration of Guardian in the event of later incapacitation is a crucial component of a comprehensive estate plan.

If you’ve seen the movie I Care a Lot, you know how important it is to have your guardian chosen by you—not by a court or a stranger with ulterior motives. The film illustrates the potential dangers of leaving this critical decision to chance, making it clear why you should take control of your future by naming a trusted guardian.

What is a Declaration of Guardian?

A Declaration of Guardian is a legal document in which you name the individual(s) you would want to make financial and/or medical decisions for you if you ever become incapacitated. This document allows you to express your preferences clearly, helping to avoid the appointment of someone by the court who may not align with your wishes.

Why Include a Declaration of Guardian?

A Safety Net for Unforeseen Circumstances

Estate plans often include a durable power of attorney and a living trust, both of which are designed to manage your affairs without the need for guardianship. However, life is unpredictable, and there may be situations where these documents are not sufficient, such as if they are contested, revoked, or otherwise ineffective. As seen in I Care a Lot, where a court-appointed guardian manipulates the system, having a Declaration of Guardian ensures that your chosen individual, not a potentially exploitative stranger, will take care of you if the unexpected happens.

Preventing Family Disputes

Without a Declaration of Guardian, family members may disagree on who should be appointed as your guardian, leading to costly and emotionally draining court battles. By designating a guardian in advance, you can minimize the risk of conflict and ensure that your wishes are respected—unlike in I Care a Lot, where the court’s decision led to devastating consequences.

Complementing Other Estate Planning Documents

While a trust can manage your financial assets, it does not provide for personal care decisions, such as where you will live or how your day-to-day needs will be met. A Declaration of Guardian complements your trust by designating someone to make those personal decisions if you are unable to do so. This avoids scenarios like those depicted in I Care a Lot, where the protagonist’s day-to-day life was controlled by someone with their own agenda.

Court Consideration of Your Wishes

If a court proceeding becomes necessary, the judge is required to consider your Declaration of Guardian. This gives you greater control over who will make decisions on your behalf, even if the court is involved. In I Care a Lot, the court disregarded the individual’s personal wishes, leading to disastrous results. A Declaration of Guardian helps ensure that your preferences are considered.

Avoiding a Public Guardianship Process

Without a designated guardian, the court may appoint a public guardian—someone who does not know you personally and may not understand your needs and desires. A Declaration of Guardian ensures that someone you trust, who knows your preferences, will be in charge of your care. Unlike the scenario in I Care a Lot, where a stranger took control, this document protects you from unwanted and potentially harmful guardianship arrangements.

Conclusion

Even in an estate plan designed to avoid guardianship, including a Declaration of Guardian is a prudent step. It acts as a safeguard, ensuring that your chosen guardian will have the authority to care for you if other estate planning measures fall short. The film I Care a Lot is a stark reminder of what can happen if this important step is overlooked. By taking this extra step, you can gain peace of mind knowing that you have planned for every possibility.

Now is the time to get your estate plan in place.

Disclaimer:

The information provided in this article may include legal or tax information, but it does not constitute legal or tax advice and should not be construed as such.