Founding Attorney
What if the unexpected happened tomorrow—would your loved ones know what to do? We don’t like to think about losing the ability to make our own decisions, but it’s something we all need to consider. Health emergencies and cognitive decline can change life in an instant. That’s where advance directives and guardianship come into play. These tools are often misunderstood, but they serve very different purposes. One is proactive; the other is reactive. And when used correctly, an advance directive can help you avoid the need for a court-appointed guardian altogether.
What Is an Advance Directive?
An advance directive is a legal document that allows you to make your wishes clear while you still can. In Minnesota, this is often called a health care directive. It lets you:
- Appoint someone you trust to make medical decisions on your behalf
- Specify your preferences for treatments like life support, feeding tubes, or resuscitation
- Give guidance to your loved ones and medical team if you’re ever unable to speak for yourself
These instructions can offer peace of mind to everyone involved. Instead of guessing what you’d want, your family and doctors can rely on your documented choices.
What Is Guardianship and When Is It Used?
Guardianship is a legal process in which a court appoints someone to make decisions for another person who can no longer make them for themselves. This can happen after a serious illness, accident, or when age-related conditions like dementia take hold.
A guardian may be given authority over decisions related to:
- Medical care
- Living arrangements
- Safety and day-to-day well-being
This process often requires court filings, medical evaluations, and sometimes ongoing reporting to the court. Guardianship can be necessary in some situations, but it can also be emotionally and financially draining. More importantly, it can remove decision-making power from the person at the center of it all.
How Advance Directives Can Reduce the Need for Guardianship
When someone has a clear, legally valid advance directive in place, courts often see no need to appoint a guardian. That’s because the directive already names a trusted individual to handle health care decisions and gives them legal authority to act.
In many cases, this can:
- Eliminate the need for a court hearing
- Help families avoid disputes or confusion
- Ensure your personal choices are followed without delay
By stating your wishes and choosing your health care agent in advance, you remain in control—even if your health changes. It also spares your loved ones from having to guess or take legal action during an already difficult time.
What Happens When There’s No Advance Directive?
When someone becomes unable to make decisions and hasn’t created an advance directive, the situation can get complicated quickly. Family members may have differing opinions about what to do or who should be in charge. In the absence of clear instructions, the court must step in.
This can lead to:
- A public court proceeding to determine incapacity
- Possible disagreements among relatives or friends
- The appointment of a guardian who may not reflect your personal values or preferences
Without a directive, no one automatically has the legal right to make medical decisions for you—not even a spouse or adult child. Guardianship becomes the fallback, but it often takes time and removes your say in how things are handled.
Planning Today Prevents Problems Tomorrow
Creating an advance directive puts you in control of your future. It allows you to choose who will act on your behalf and how you want to be cared for. It also eases the burden on your family during some of life’s most difficult moments.
At Unique Estate Law, we’ll help you prepare documents that reflect your wishes and protect your independence. Whether you’re just starting your estate plan or updating existing documents, contact us today. Let’s make sure your voice is heard—no matter what tomorrow brings.