shapeType75fBehindDocument1pWrapPolygonVertices8;4;(21498,0);(0,0);(0,21500);(21498,21500)posrelh0posrelv0pib
shapeType75fBehindDocument1pWrapPolygonVertices8;4;(21499,0);(0,0);(0,21462);(21499,21462)posrelh0posrelv0pib
citizen. And you and your family will lose control, because once the court gets involved, it usually 
stays involved to "protect" your interests, until you recover or die. 
In some states, this court-controlled process is called a conservatorship. In others, it's called a 
guardianship. Some people refer to it as a "living probate" because it's similar to probate at death, 
but you're still alive. 
This process can be embarrassing because records and proceedings are open to the pub- 
lic. It can be expensive because of court costs, examinations and testimony by a qualified 
physician(s), attorney fees, auditor fees, and bonds. It can be time consuming because the 
person the court appoints to act for you must keep detailed records and submit all expenses to 
the court for approval. You'll have no say in who this court appointee is. The court could 
appoint your spouse, but it could also appoint a relative you dislike, or even a professional guard- 
ian/ conservator who is a stranger to you. 
If you recover, you must prove to the court that you are now competent and able to handle your 
own affairs, which may be difficult since the court has declared you incompetent. This process 
does not replace probate at death. When you die, your family will have to go through probate 
again to have your will enforced. 
Wouldn't a power of attorney prevent court control of assets at incapacity? 
Maybe, but maybe not. A power of attorney is a legal document that gives someone author- 
ity to conduct business for you if you are unable to do so. However, all powers of attorney 
end at death, so they can't be used to avoid probate-a surprise to some people. Many also end 
at incapacity. Legally, a durable power of attorney remains valid through incapacity, but it may 
not work, either. 
That's because some financial institutions won't accept atry power of attorney. Others will only 
accept one if it is on their own form and they know this is what you want. The reason is they 
have no way of knowing if you have changed your mind, and they do not want to be held liable 
for giving your assets to someone you didn't want to have them. 
If the power of attorney does work, it may work too well. Giving someone power of attorney is 
like giving that person a blank check to do whatever he/ she wants with your assets. You have no 
control. Even if you leave instructions, you have no guarantee they will be followed. You could 
even recover to find you own nothing in your own name. 
A power of attorney has benefits when used under proper circumstances, but relying on one to 
prevent the court from taking control of assets at incapacity is risky at best. 
WILLS-AND YOUR MINOR CHILDREN OR GRANDCHILDREN 
Most parents think if they name a guardian for their minor children in their will and something 
happens to them, that person will automatically be able to use the inheritance to take care of the 
children. But that's not what happens. 
Instead, when the will is probated, the court will set up a guardianship for the child and appoint 
a guardian to raise the child. Usually the court will appoint the person named in the parent's will, 
but it could appoint someone else. 
However, the court, not the guardian, will control the inheritance until the child reaches legal 
age (18 or 21). At that time, the child automatically receives the entire inheritance. Most parents 
-prefer that their children inherit at a later age but, with a simple will, you have no choice. 
Special Note to Divorced or Separated Parents: Courts typically prefer to see a natural parent as 
5