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How can a trust prevent a conservatorship proceeding?
If something happens to you, like accident, disease, or old age, that leaves you incapable of taking care of your own affairs, then someone else has to manage them for you. There are two kinds of conservatorships in this situation, conservatorship of the person and conservatorship of the estate. A conservatorship of the person means control of the day-to-day activities and care of the incapacitated person and control of medical care. Conservatorship of the estate is control over the property and assets of the incapacitated person and responsibility for paying expenses. A person gets a conservatorship over someone else by going to court. If a conservatorship is granted, the Conservator has to report back to the court.
A living Trust can deter or prevent someone from going to court to seek control of your person or your property in this way. A conservatorship is granted when a person is incapable of caring for her or himself and there is no other alternative for his or her care. If you have arranged in a living Trust for someone to take care of you and to take control of your assets when you are incapacitated, then the court will not have a reason to grant a conservatorship to someone else. There will be no need for a conservatorship.
There is little difference between what a Conservator does and what a Trustee under a Living Trust does, but there are several advantages of setting this up in a living Trust. You can choose the Trustee and alternative Trustees to make sure the person handling your affairs is someone you trust and who will treat you well. You can leave instructions on how you want things to be done during the rest of your life. With a living Trust, the details of your situation and your needs will also be kept private, while in a conservatorship proceedings, everything is discussed in court records. Trustees under your Living Trust are not answerable to a judge, as a Conservator is. |
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