Deciding to conserve a loved one is a complex and sometimes painful process. You want the best care and quality of life for the people you love, but it can be daunting to consider the intervention and support of external parties.
Because application for conservatorship requires the involvement of the court, it’s important to understand how the court evaluates your loved one’s situation and capacity as well as what means you have to appeal the decision the court makes.
While all of us wish that our loved ones might remain indefinitely self-sufficient and be able to live their lives with dignity, many of us will face the difficult situation of a loved one who is no longer able to care for his or herself.
The cause of such incapacity may be an illness or accident. It might be dementia or simply the decline of old age. You may find, one day, that your loved one is inconsistent about physical hygiene, unable to manage household finances, or making unwise decisions. If you see such signs, you may need to carefully consider the option of conservatorship.
Imagine this…
After your death, your daughter is having serious financial struggles and the money you’ve bequeathed to her would pull her out of financial misery. It would help her to pay your funeral and other outstanding expenses.
But, because by law your estate must pass through probate, it will take several months before your daughter can receive the money you have left her.
In the meantime, a disgruntled step-son from a prior marriage decides to pursue a Will contest, claiming that the Will is not valid and that he deserves some money, too. He knows the amount of the estate because the probate process is a matter of public record.
You can imagine how the rest of the story goes and how, although you had an estate plan and the best intentions Continue reading
Connecticut Estate Planning Attorneys Blog