The Importance of Providing for Incapacity in a Florida Estate Plan
The conservatorship process -- where someone is appointed by the probate court to assume responsibility for the property or the personal welfare of an adult – can be invasive and expensive, and is often quite burdensome for a family. While it can be an effective tool for the protection of a vulnerable person's assets or physical well-being, it can be one of life’s most painful legal procedures.
Fortunately, it is easy to avoid the need for expensive and burdensome conservatorship proceedings through effective estate planning:
• The execution of a durable power of attorney can save the need to appoint a conservator during a period of incapacity;
• The designation of an agent in an advance health care directive will achieve the same purposes as the appointment of a conservator;
• The designation of a successor trustee to serve during a period of incapacity under the terms of a revocable living trust also avoids the need for conservatorship proceedings.
If you have questions about Florida conservatorship proceedings, or would like to avoid the need for a conservator by providing for incapacity in your estate plan, contact a Florida estate planning lawyer.
