How can an estate plan avoid a conservatorship proceeding?
An estate plan uses several tools which can prevent the court from gaining jurisdiction over your affairs. A Living Will or Directive to Physicians is used to determine if artificial life support systems are to be used or withheld. A Durable Power of Attorney for Health Care is used to provide authority to a person, in whom you have the utmost trust and confidence, to make decisions regarding health care treatment when you are unable to provide informed consent. A Durable Power of Attorney for Property enables you to authorize a person to act in your place and stead in the event of your incapacity; this attorney-in-fact can manage your financial affairs without the need to have intervention by the courts. A Trust is used to hold property; the Trustees manage the property held just like you would if you were not incapacitated. Thus, a properly prepared estate plan can enable you to avoid a Conservatorship proceeding over your estate. Compared to the cost of a Conservatorship proceeding,
