How can an estate plan avoid a conservatorship?

There are a number of estate planning vehicles that can be used to prevent a conservatorship, or keep the court from having power over your health and financial affairs. One such tool is a durable power of attorney, which can be used to grant another individual the power to act on your behalf in case you become incapacitated. This person, who is also referred to as an attorney-in-fact, will handle your financial matters without any intervention from the court.

In addition, a living will, or physician’s directive, is used to decide whether or not life support measures are to be implemented. A durable power of attorney for health care is used to designate someone to make health care decisions on your behalf if you are incapable of making such decisions. Furthermore, the grantor can use a trust or family limited partnership to hold property. The trustees or partners are responsible for managing property if you lose the capacity to do so.

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