Legal Services

Pre-Need Guardian Designations

A durable power of attorney is suspended once a guardianship proceeding is initiated. The designation of pre-need guardian spells out the client’s intention to the guardianship court as to who should his or her guardian. In that document, the client designates a guardian of the person (healthcare) and a guardian of the property (financial). The designation of pre-need guardian allows the court to know the client’s wishes as to the choice of guardian, and creates a legal presumption in favor of that person. The only person who can select a final guardian for you is a circuit court judge, but the judge gives heavy preference to the person you yourself selected before losing capacity.