Guardianship

Child Custody

Obviously, child support is no longer the province of the wife. No longer are the children simply awarded to the wife by a court and the husband is left to the process of visitation. In fact, in many recent divorces, much of the fight has centered on the custody of the children issue. Fathers are putting up much more of a battle seeking custody of their children.

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The Disadvantages of Guardianship/Conservatorship Legal Proceedings

In the event that you or a loved one becomes incompetent, any person can start the proceedings for a guardianship (for a child) or conservatorship (for an adult). This may put you at several disadvantages if you were not prepared for such an event, such as:

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State Laws Regulating Durable Powers of Attorney

Most states recognize Durable Powers of Attorney. However, like Durable Powers of Attorney for Healthcare, the laws in each state vary. Each state has their own requirements and limitations. Some states recognize that a Durable Power of Attorney will take effect immediately upon execution. This means that you should be extremely careful before you draft this document and have it executed.

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Preparation for a Living Will

A living will is an extremely useful document that outlines your wishes for medical treatment in the event you become incapacitated or diagnosed with a terminal illness. The main difference between a will and living will is when they each go into effect. A will only goes into effect after death while a living will goes into effect once a person becomes incapacitated before death.

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