Can an estate plan prevent a conservatorship proceeding?
Many people want to know whether there is any facility to stop a court from gaining jurisdiction over their affairs. This can be done through an estate plan, which can be effectively used to prevent a conservatorship proceeding. An estate plan utilizes several methods by which to prevent a court taking control of your affairs.
In order to decide whether artificial life support systems should be used or maintained, a Living Will or a Directive to Physicians can be used.
A durable power of attorney can be used for several purposes. The power of attorney for health care can be used to give authority to a person of your choice – someone you trust – to make health-related decisions on your behalf. This would be regarding health care and treatment in the event that you are unable to make this decision or give consent.
You can also use a durable power of attorney for property, and this can be use to give a trusted person of your choice authorization to act in your best interests should you be unable to do so. The designated person will be able to deal with your affairs – including financial affairs – without court involvement in the event that you are unable to deal with them yourself.
Property can be held through the use of a Trust or Family Limited Partnership. The property is then managed by the trustees or partners of the Trust of Family Limited Partnership even in the event that you are unable to manage your property yourself.
