Estate Planning

Living Probate

Living Probate occurs when a person cannot take care of himself because he is incompetent through illness or injury. A guardian must be appointed for him. Latest statistics show that the fastest growing segment in our society is the 85 years and older age group. This, coupled with the fact that 50% of all those over 85 years of age develop Alzheimer's disease, creates a serious estate planning problem.

Because Wills are so heavily relied upon, with no further thought given to estate planning, our probate courts are clogged with requests for guardianship for the elderly. In most cases, living probate (the guardianship process) can be totally avoided if a document called a "Durable Power of Attorney" is executed beforehand. The Durable Power of Attorney is discussed more fully below.