This article discusses the need for guardianship for presumably incapacitated individuals who already have designated someone to have their power of attorney or to be their healthcare representative. Noting that the privacy and liberty of an individual will be affected by appointing a guardian, the author proposes that guardians not be unnecessarily appointed when currently in-place representatives already fulfill needed services.
Ershow-Levenberg, Linda S.
"Guardianship Actions Against Individuals Who Have Selected an Agent as Power of Attorney: When Should the Court Say "No?","
Marquette Elder's Advisor:
1, Article 5.
Available at: http://scholarship.law.marquette.edu/elders/vol7/iss1/5