Most of us think of doing a Will to ensure our wishes are carried out when we die. We do not always think about who will handle our finances for us if we become incapacitated and live on. If you can no longer make your own medical decisions or decide where you will live, a guardian may need to be appointed for you. If you can no longer manage your own finances, a conservator may need to be appointed for you. A guardian takes care of you; a conservator takes care of your finances. Guardianship and conservatorship are both court proceedings that involve a lot of red tape and expense. They are to be avoided if possible. If, however, they cannot be avoided in a particular case, we are here to help.
You can in many cases avoid guardianship and conservatorship by planning before the need arises. You may be able to avoid a guardianship by having a medical power of attorney in place. You should be able to avoid conservatorship by having a financial power of attorney or a revocable living trust in place. A trust is the best way to avoid a conservatorship, but a financial power of attorney is the minimum.
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