Why should I want to avoid a conservatorship?
Medical science is making great strides, but an unfortunate consequence of longer life spans is many 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 is actually quite simple – enabling 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. In particular, the “Durable Power of Attorney for Health Care,” one of our basic estate planning documents, will give your family the power to make health care decisions for you, including the power to “pull the plug.”