Will having a power of attorney and health care proxy in place prevent the need for a guardianship?

Will having a power of attorney and health care proxy in place prevent the need for a guardianship?

Home » Will having a power of attorney and health care proxy in place prevent the need for a guardianship?

Having a health care surrogate and a power of attorney in place may very well allow you to avoid needed a guardianship, even if you lose your capacity, but it is not a guarantee. If you do not have a power of attorney and a health care surrogate and are found to be incapacitated, a guardian would have to be appointed for you. If you have a health care surrogate and a power of attorney in place and are found to be incapacitated, the court has the option of finding those alternatives to be sufficient to protect you and not appointing a guardian or of deciding that the individuals who you've named are not going to be enough to protect you and requiring the appointment of a guardian despite those documents.