How can a trust prevent guardianship proceeding?

A trust can actually prevent guardianship in some circumstances. The trust allows the trust-maker or “Grantor” to make designations of who will act if the Grantor becomes incapacitated. The people that will act are called “Successor Trustees.” The trust allows for the determination of incapacity of the Grantor and, immediately upon that determination by two doctors, the Successor Trustee can step in and handle the financial affairs for the Grantor. If the Grantor also executed healthcare surrogate documents, then a guardianship is not required.