What Is Living Probate?

Living probate occurs when a court determines that you cannot make decisions for yourself because of:

Illness
Disability
Cognitive decline
Dementia or Alzheimer’s
Accident
Mental incapacity

When this happens, the court steps in and appoints:

Guardian → to make personal & medical decisions

Conservator → to manage finances, bills, and property

Once appointed, these individuals have legal authority over your life — sometimes more than your own family.

Why You Want to Avoid Court-Ordered Guardianship/Conservatorship

Living probate can:

Strip you of independence
Cost thousands in court and attorney fees
Take months to finalize
Create family conflict
Assign decision-makers you would NEVER choose
Give strangers access to your money
Become extremely hard to reverse

Families often describe the process as:
“emotional,”
“stressful,”
“draining,”
and
“something I never want my loved one to experience.”

The Good News: You Can Prevent Living Probate Entirely

With a few simple documents, YOU decide who will help you — not a judge.

Here’s how to stay in full control:

1. Create a Durable Financial Power of Attorney (POA)

A Durable POA lets you choose someone you trust to manage your finances if you become incapacitated.

They can:

Pay bills
Manage bank accounts
Handle investments
Pay taxes
Run your business

Without this?
A court appoints a conservator — often someone you didn’t choose.

2. Sign a Healthcare Power of Attorney / Healthcare Proxy

This document names someone to:

Make medical decisions
Speak to doctors
Access medical records
Choose treatment options

Without it, your family may need to petition the court for guardianship just to speak on your behalf.

3. Create a Living Will / Advance Directive

This outlines your wishes regarding:

Life support
Artificial nutrition
Pain management
End-of-life preferences

This protects your loved ones from uncertainty and prevents court intervention.

4. Use a Revocable Living Trust

A trust helps avoid financial conservatorship by keeping your assets organized, titled properly, and managed by the successor trustee YOU choose.

Your successor trustee can step in instantly — no court approval needed.

Perfect for:

Real estate
Investments
Bank accounts
Businesses
High-value assets

A trust is one of the strongest tools to avoid living probate.

5. Keep Your Documents Updated

Your guardianship-avoidance tools must be:

✔ Current
✔ Signed
✔ Notarized
✔ Accepted by financial institutions
✔ Known to your loved ones

Outdated documents can be rejected — forcing your family into court anyway.

6. Communicate Your Choices

Tell your decision-makers:

Where are your documents are
What are your wishes?
Who to contact in an emergency
How to access accounts or digital assets

Court involvement often happens because families can’t find the right documents in time.

7. Choose the RIGHT People

Guardianship and conservatorship are usually requested when families argue or cannot agree.

To prevent this:

Choose calm, responsible decision-makers
Name backups
Create clarity
Put your wishes in writing

Your plan should eliminate confusion — not create it.

Final Thought: You Deserve Control — Not Court Control

Living probate can remove your independence, your privacy, and your voice at a vulnerable time in your life.
But with the right estate plan, YOU stay in control of:

Your finances
Your medical decisions
Your future
Your dignity

A few simple documents protect you from court interference and give your loved ones the tools they need to care for you with confidence.

Your life.
Your choices.
Your plan — not the court’s.