What is a conservatorship?

Medical science is making great strides, but sometimes the consequence of longer life spans is that older people cannot manage their own affairs. If you become incapacitated by a stroke or another cause and do not have a trust and durable powers of attorney, your family may have to petition the court to have a conservator appointed for you.

As with a probate, the purpose of a conservatorship enables someone to make decisions for you. The problem is that as with a probate, a conservatorship is an expensive and complicated procedure.

Having a living trust and durable powers of attorney almost always avoids the need for a conservatorship. If you become incapacitated, whomever you have named in the trust and durable powers takes over for you without having to go to court.