Avoid Need for Conservator by Providing for Incapacity in 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 -- is both invasive and expensive, and in effect represents the loss of that person's civil rights, usually on the grounds of mental incapacity. 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 the most painful legal procedures and should be used only as a last resort.
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.
