How can an estate plan prevent a conservatorship proceeding?
A conservatorship proceeding is put in place when someone is absent for a particular period of time. However, an effective estate plan can avoid a guardianship. If you have effective estate planning documents like a durable power of attorney, a trust, a health care surrogate designation, those people then stand in your shoes and make decisions for you are unable to do so. If those documents are in place, the guardianship then is not necessary because the people that you’ve appointed will take over for you when you’re unable to care for yourself or manage your financial affairs.