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Guardianship appointment vital part of estate plan

No matter how much one plans and prepares, the future still remains uncertain. Even the best plans can go awry. With this in mind, one cannot be certain the he or she will always be able to take care of him or herself. If the day comes when this is not possible, it may be necessary for a guardianship appointment to be made for the Colorado resident.

Under ideal circumstances, the individual will have already appointed a guardian as a part of his or her estate plan. This individual may be a relative, friend or even a business. The guardian's responsibilities typically include making legal and medical decisions for the individual once he or she is no longer able to do so. The guardian is the one who makes sure that the individual's best interest is kept in mind and that the individual does not suffer from financial or physical abuse and neglect.

Unfortunately, many individuals fail to name a guardian. When the need for one arises, it is too late for the individual to make this important decision. In this case, the decision is left up to the Colorado courts. The court then becomes responsible for naming the individual who will take on such important responsibilities.

Unless one wants to risk the possibility of a Colorado court making such an important decision on his or her behalf, he or she will want to discuss a guardianship appointment as part of the estate plan. By making this decision ahead of time, the individual can be assured that a trusted individual is tasked with this important responsibility, should the need arise. Experienced legal counsel can assist in this process.

Source:, "For Some Concerned With Deficient Guardianship Programs, Volunteers Can Fill The Void", Drew Daudelin, April 26, 2018

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