In part one of this article we discussed the use of guardianship proceedings to care for adults who are incapacitated. While guardianships are often necessary, they create limitations that planning can avoid. Guardianships require court oversight of the financial and personal business of the incapacitated adult, including approval in advance for some activities.

       Bob Hammack, a 40-year advertising veteran, has created over 20,000 radio, television and print advertisements, and won all the typical accolades – and, as he says, a few that aren't so typical. He is a recipient of the American Advertising Federation (AAF) Lifetime Achievement Award, which is the highest honor afforded an individual in advertising. He has also received the Promax Award, the Gabriel Award, the RAMA (Retail Advertising and Marketing Association) Award, and the MAC Award, and been a three-time winner of the National Addy competition.

       The law provides several mechanisms to ensure the safety and well being of folks who can no longer care for themselves or their property. The nature of these mechanisms – and how they impact the lives of the people involved -- varies widely. Some require court oversight and legal action. Others, with some planning, can be carried out by family or friends without court supervision. The relative difficulty of the process available to a particular person depends largely upon whether the person has planned in advance.