Will having a power of attorney and health care surrogate in place prevent the need for a guardianship?
In many cases that is an effective plan to avoid guardianship. There still may be some extreme cases where either the Durable Power of Attorney fails or the Health Care Surrogate Designation fails. Also, starting in October of this year, you may authorize your healthcare surrogate to act on your behalf, even though you still have capacity. However, you’re the boss. What you say, trumps.