A comprehensive estate plan can eliminate the need for a guardianship of an incapacitated adult (the “Ward”) who can no longer manage his or her personal needs, assets, or both. And, even if guardianship is necessary, you can estate plan to ensure a person you trust is appointed as your Guardian. Disability planning in this fashion is often overlooked, and once it becomes clear it is necessary, it is frequently too late to plan accordingly. The guardianship process is intended to safeguard a Ward by both caring for his her personal needs like residential care as well as assets. Guardianship is a formal legal process through the Probate Court that makes sure the Ward's guardian is properly caring for him or her. The Probate Court requires annual accountings of the Ward's assets and income as well as a report as to the Ward's well-being.