Courts are being (needlessly) flooded with COVID-related guardianships.

Courts are being flooded with COVID-related guardianship proceedings.[1]  For some courts, COVID-related guardianship petitions may account for well over half of new guardianship petitions.  Milwaukee County, for example, typically schedules guardianship hearings two days per week, but has had to add an additional day each week for guardianship hearings – and still, the court’s calendar is severely backlogged.

Why the flood of COVID-related guardianship proceedings?  It starts with the flood of COVID infections, a notable percentage of which result with severe symptoms, even hospitalization (Wisconsin has already seen over 27,000 COVID-19 hospitalizations).  Where the symptoms are severe enough, an individual may become unable “to receive and evaluate information or to make or communicate decisions” related to health, property and/or financial affairs – the standard for the appointment of a guardian.  For those who meet this standard without having made advanced plans, guardianship may be the only option. 

But it doesn’t have to be this way.

As noted previously in this blog, the number one reason for adult guardianship is the absence of properly drafted powers of attorney, an important component of an estate plan.  An individual who has made a properly-crafted plan will receive the benefit of having his or her choice of agent assist with heath care and financial decisions, eliminating the need for guardianship.  

If you or a loved one need assistance with guardianship – or better still, are interested in the advanced planning to prevent the need for guardianship – please contact Van Slett Law, LLC.

[1] For more information about the meaning and nature of guardianship, please see the previous blog post, https://www.vanslettlaw.com/blog/britney-spears-and-guardianship.