Why would the Probate Court get involved if someone were incapacitated?
If you can’t conduct business due to mental or physical incapacity, i.e. Alzheimer’s, stroke, heart attack, the court will appoint a conservator to act on your behalf and must approve all decisions made, even if you have a Will. Remember, a Will can only go into effect at your passing. The Court, not your family, controls how your assets are used to care for you. This can be expensive, time consuming and difficult to end if you recover. And it doesn’t replace Probate at death – your family would have to go through the court system twice!
