How Can a Conservator Be Avoided?

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How Can a Conservator Be Avoided?

If you become incapacitated due to an illness or an injury, a court may end up appointing someone to make financial and health decisions on your behalf. This person is known as a conservator. However, there are steps you can take now to avoid a conservator being appointed if something unfortunate were to happen to you.

How Can I Avoid Having a Conservator?

One option is to execute a Power of Attorney document. This document allows you to authorize a person whom you trust to handle your assets and make any healthcare decisions if you become incapacitated and can no longer make those decisions yourself.

Another option is to place your assets into a living trust. This way, your assets are automatically placed under the management of a designated person, known as a trustee, in the event that something horrible happens to you that incapacitates you.

Finally, you may want to consider creating an advanced health care directive, which is also known as a living will. This gives instructions for what to do in terms of major medical decisions in the event you are on life support, such as when to terminate life support.?@ In addition to taking this power out of the hands of a conservator, it also saves your family from having to be faced with this decision.

Consult With a Lawyer About Avoiding Being Assigned a Conservator

It is a good idea to consult with an estate lawyer before something happens to you and it becomes too late to do anything. An experienced attorney can help advise you on the best course of action to take and avoid any potential problems before they happen.

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Last Modified: 01-17-2014 01:44 PM PST

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