How can a power of attorney potentially prevent a guardianship proceeding?
If at some point in time you’re deemed incompetent or you’re diagnosed with dementia or Alzheimer’s, at that point in time you become incapable of creating a legal document or managing your own affairs. If you have a power of attorney, that power of attorney can do everything that you could do which would avoid a guardianship.
If you don’t have a power of attorney there’s no one that you have appointed ahead of time to manage your affairs, therefore, a person who wants to act as your guardian would have to apply to the court and go through that process for the court to appoint them as a guardian, which can be very expensive. A power of attorney is a very simple document and it can avoid potentially that long and expensive guardianship process.