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Choose your guardian with care

When creating your Massachusetts estate plan, there are many factors to consider, from who gets the jewelry and car to setting up a trust for your minor children or grandchildren. However, establishing a legal guardian in the event you become incapacitated is crucial to maintaining your care and finances. At Curley Law Firm LLP, we help clients protect their assets and minimize general liability risks by ensuring a responsible person can make decisions if mental capacity becomes impaired.

FindLaw states that many people select a guardian during their estate planning. This person can legally act on your wishes if you cannot make them known as a result of incapacitation or failing mental health. Due to the importance of this position, you should give serious thought to whom you select.

There are general considerations that can help make selecting your guardian easier. Ask yourself these questions when narrowing down candidates:

  • Do they know what your wishes are regarding your end of life care?
  • Are they familiar with paying bills and living expenses?
  • Do they have the skills to manage your assets?
  • Are they in good health themselves?
  • Do they have the time to devote to a guardian’s duties?

Keep in mind, that a person may not serve as your guardian if they have a felony on their record. While a blood relative is not required, courts favor close family members. Many people choose individuals who know them well enough to understand and carry out their probable intentions.

A will is a living document. If you selected a guardian several years ago, you might decide to make changes based on current circumstances. Visit our webpage for more information on this topic.

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