Estate planning for incapacity may involve guardianship. Guardianship is the court-supervised legal process whereby a qualified individual is appointed by the court to serve as guardian and assumes the responsibilities of making any combination of informed personal and/or financial decisions on behalf of an individual who has been deemed incapacitated by the court. The scope of a guardian's authority is set forth in the court's order.


Additionally, a guardian will be required to submit ongoing reports to the court regarding the personal and/or financial status of the incapacitated individual. The use of Trusts or a Power of Attorney may alleviate the necessity of a guardianship.