Hanover, NH office 603.643.6072
Woodstock, VT office 802.457.9492
Guardianship
The legal process that follows the death of an individual
is referred to as the probate process. It is during
the probate process where a person’s Last Will
and Testament is presented to the Probate Court, the
individuals designated in the Will are appointed executors
of the estate, and the assets of the estate are
collected and the final obligations and transfers within
the Will are completed. Depending upon the value and
complexity of the assets, the duration of the probate
process can typically be anywhere from one to three
years.
An individual does not have to establish an elaborate or an expensive estate plan in order to legally protect them during their lifetime and to accomplish their goals and objectives with regard to disposition of their assets following their death. Following are some suggestions that every individual should consider and put in place for their own personal protection.
Every individual while healthy and competent should seriously consider establishing a Durable Financial Power of Attorney, a Healthcare Power of Attorney and a Living Will in order to appoint the persons that they would personally select to make financial and medical decisions for them and what measures they would like to have taken in the event that artificial life-sustaining measures become necessary in case one were to become incompetent. These simple, inexpensive legal documents protect an individual during his or her lifetime. A failure to execute these documents while you are healthy and competent could result in a court appointing a Guardian for you, in the event of your future incompetence. A court-appointed Guardian could be someone you would not have personally chosen and could even be a stranger. The Guardianship process is a legal process requiring court appearances and public notices that is emotionally and financially costly. The Guardianship process, in most cases, may be totally avoided by providing for future contingences and doing some planning now, while you are legally competent.
In summary, the simple legal documents discussed above provide valuable protection for individuals. Keep in mind that each person's situation and objectives are personal and unique to that person. The facts and family issues that apply to your situation are unlikely to be identical to that of your friends and neighbors. The importance of obtaining competent legal advice for your own personal situation before establishing a personal estate plan cannot be overstated.