Guardianship and Planning for Incapacity

Estate planning in Southern Illinois, is critical. Good estate planning can ensure that in a crisis you and your family are protected against uncertainty. What happens, however, if you do not have it in place before a crisis happens?

Who will make your decisions if you cannot? Who will pay your bills? Who will take care of those you love? Ultimately, who will inherit your assets? These are the questions that a Southern Illinois estate plan answers for you. Research tells us that over 60% of all Americans do not have an estate plan today.

In the event of your incapacity without a valid Southern Illinois estate plan in place, your loved ones may need to file for Guardianship in order to have the legal authority to care, and make decisions, for you. Unfortunately, the Guardianship process is time-consuming, costly, and stressful. Through this process, the person will need to be found incapacitated by a court. During this legal proceeding, after the alleged incapacitated person to be found incapacitated, the court will then decide who is the best person to act as the guardian of the person and their property.

This is an incredibly difficult time for your family. Further, Guardianship proceedings tend to cause conflict and disharmony within the family. Not everyone in your family may agree as to who will be the best caregiver for you. Further, conflict can arise as family members vie to be named your guardian. Although this comes from a place of caring, proceedings can be fraught with frustration and tension at a time when your family needs to be working together for your benefit.

We understand these challenges and the needs you have at this time. We work with families during the guardianship process. Do not wait to contact Hafford Elder Law Planning to get started. You may call us at 618-997-8989 or communicate with us through email. We look forward to working with you!