Appointing a power of attorney can be a difficult decision. You’re asking someone to take on the responsibility of making a medical or financial decision if you’re not available or you’re incapacitated. Naturally, it may seem like a good idea to spread that authority to more than one person. You decide to name your two daughters as co-agents for power of attorney; they can share the burden. But what happens if they can’t resolve a disagreement? It may be necessary to involve the court, and suddenly, you’re in the exact situation you were trying to avoid.

The baseline rule is that the disabled adult’s home state has jurisdiction over the guardianship proceeding. The disabled adult’s home state is defined as a state in which the disabled adult was physically present for at least six consecutive months immediately prior to the filing of the guardianship proceeding. A temporary absence counts toward this six month period. If the disabled adult does not have a “home state” because he or she has not lived in the same state for six consecutive months prior to filing the guardianship proceeding a state with a significant connection to the disabled adult may assert jurisdiction.

In this article, we discuss life events that may require a review of your estate plan. We discuss updating your estate plan when you get married, when you buy your first home, when you have a child, when your children reach adulthood, after a divorce, when you acquire new assets, when you want to change how your assets will be distributed when you pass, when you are ready to plan for long-term care.