Estate planning issues that prompt conservatorships

Aug 12, 2021 | Estate Planning

Many people avoid discussions about their own mortality. Others, however, understand what a valuable tool the estate planning process can be. Therefore, they not only discuss such issues at home, but they try to execute as thorough and detailed of a plan as possible. Various issues, such as medical directives, trusts or conservatorships might be relevant to a particular individual’s situation.

Types of situations that necessitate a conservatorship

For many Colorado families, life takes a turn for the worse if a collision, accident or illness results in a family member’s incapacitation. This possibility is one of the most common reasons that a person might incorporate a conservatorship into his or her estate plan. Other issues that might prompt a similar decision would be mental illness or a neurological condition that impedes cognitive ability, such as dementia or Alzheimer’s disease.

Seeking a conservatorship requires a court hearing

It sometimes happens that a conservatee, a family member, a friend or other party may object to a conservatorship, in which case paperwork must be filed in court so that a hearing can be held. When a person enters proceedings for conservatorship, he or she must present evidence to the court regarding the mental capacity of the person in question. If the judge overseeing a particular case is convinced that a conservatorship is needed, the court will appoint someone to fulfill the duty. A conservator is often an adult child or a spouse of the person in need.

Conservatorship is a complex estate planning issue

Especially if you and a family member or other person or group of people disagree as to whether a conservatorship is needed, such court proceedings can be arduous and stressful. The good news is that you don’t have to go it alone. At Duncan Legal, P.C., in Colorado, an experienced legal team provides strong support to anyone navigating the legal process regarding the authority to make medical, personal or financial decisions on behalf of someone who is mentally incapacitated an unable to act on his or her own behalf. 

More Articles

Do You Need a Trust?

Do You Need a Trust?

One of the first questions many of my clients ask is whether they need a trust. It's a great question, but it leads to another: What do you want your estate plan to accomplish? First I will explain what trusts are and how they work. Then I will look at the benefits of...