How can an estate plan prevent a guardianship proceeding?
Guardianship involves the delegation of a person's property rights and the right to make medical decisions over themselves. If you have a properly-executed estate plan with a power of attorney, or a revocable trust, you might avoid guardianship over your property rights. If you have a proper health care surrogate executed, you could avoid guardianship of the person. However, an incapacity order might still need to be entered to give those people authority over you, if you lose your capacity.