Financial POA and medical POA. No family or friends to appoint attorney-in-fact. Being pressured by an attorney to be a guardian. Any advice?
There are certified professional guardian agencies and individuals that serve as either as attorney in fact for financial matters and/or attorney in fact or health care agent for medical decisions. You should meet with two or three or more to determine the type of services and decision making support available. Once you have that information you can make an appropriate decision as to who would best meet your needs and values for decision making and asset management as your agent/attorney in fact.
It is concerning that you are feeling pressured to name an attorney as your guardian or as an attorney-in-fact in your power of attorneys. I would suggest that you consult with another attorney. Plenty of attorneys offer free consultations. Good Luck!
Who you appoint as your POA should be someone you can trust. You should not be feeling pressured to select a specific person.
A guardian could only be appointed by the Superior Court Judge if you were deemed to be incompetent to handle your financial or medical affairs. But as others have noted, you should never agree to something because of pressure applied by another person - - - whether or not that person is your attorney.
I agree with the advice to seek a second opinion from another estate planning attorney in your community.
If your estate is large, then it might be possible to ask a Trust Department of one of the local banks to serve as agent under your power of attorney - - - or more likely, as the trustee of a revocable living trust of which you are the beneficiary during your lifetime. If you feel that you need assistance with management of your financial affairs, that would provide a mechanism to assist you with that objective.
Very likely the bank will decline to act as your agent to make health care decisions. So you should really try to find someone who knows you well enough that you are comfortable giving them that authority.
But nothing should be done under pressure.
Best wishes to you.
Renton and Kent, WA
PLEASE NOTE: This correspondence is very general in nature. The actual steps that might need to be taken will depend entirely upon the facts of this case, most of which are not yet known. This correspondence does not create an attorney-client relationship with me or my law firm. An attorney-client relationship can only be established with me after a client meets with me so that I can understand the facts involved and the intentions that the client may wish to pursue.
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