Planning Ahead

questions & answers

Question: Can I be barred from handling my own affairs for any reason?

Answer:

Yes, if you no longer have capacity to handle your own affairs. If you become disabled, the Court may appoint a guardian to handle decisions regarding your person and a conservator to handle financial matters.

If you have a trust, then the Trustee will handle financial matters and a conservatorship is not usually necessary. You may still be able to have a small checking account even with a conservator. If you become disabled and your agent/fiduciary obtains proof of your disability (perhaps two letters from doctors or whatever the document requires), then the agent can act on your behalf. You can still act over assets in your name until a guardian/conservator is appointed for you by the Court.

If you realize you are having trouble acting for yourself, you may want to appoint someone to act now for you or resign as Trustee, so that you have the appropriate help in place. You can also hire someone to help you pay bills and make sure your nutrition, hydration, medicine and transportation needs are taken care of.