What happens if I don’t have a Durable Power of Attorney?
A Guardian must be appointed by the Court. You will be subjected to an examination by a panel consisting of a physician, psychologist and social worker to determine your competency. The Court will appoint an attorney to represent you – known as a Guardian Ad Litem. This will be in addition to the attorney hired by the individual seeking to become your Guardian. You will then be subjected to a trial before a 6 person jury who will make the final decision as to your competency and who will be your Guardian. All of this is a very lengthy, stressful, possibly humiliating and quite expensive process coming out of your own pocket. For more information on estate planning.