FAQS: What Is Living Probate?

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FAQS: What Is Living Probate?

I’ve heard of a living will, but what is living probate? 

Living probate is another term sometimes used to describe a legal guardianship for someone who can no longer make decisions about their finances, health or living conditions. Under guardianship procedures, the court appoints one or more guardians to handle decisions about the incapacitated individual’s life.

How To Avoid Living Probate In Illinois

In Illinois, the term guardianship is used in place of conservatorship or living probate. As adults become older, some lose the capacity to make good decisions about their own care and finances, family members and loved ones often have to step in to protect the incapacitated person. This can be expensive, time-consuming and very stressful as it puts family members in conflict, typically an adult child who is trying to protect an aging parent who is fighting to stay independent.

To avoid being put under guardianship, older adults can make legal plans to communicate how they want to protect their future.

  • Estate planning, including drafting wills, establishing trusts, tax planning, and other techniques
  • Avoid the need for guardianship through the durable powers of attorney
  • A living will is a legal document that describes what is to be done if you are left incapacitated in a terminal condition because of a disease, injury, or simply old age, and can no longer communicate your healthcare wishes.

Contested Guardianships

In certain cases, going to court for guardianship can become contentious and emotional, notably when a disabled individual does not agree with the reasons for the guardianship. Family members may disagree about whether a guardianship is necessary or who should be appointed as guardian.  Contested guardianships are a court proceeding that causes further family disruption, time and money.

Do You Want To Control Your Future? Talk To A Lombard Estate Planning Attorney

Aging is inevitable, but many of the stressful and costly problems in caring for older adults can be avoided by estate planning to protect your future and provide peace of mind for your loved ones. An estate planning attorney can help you understand the legal requirements and options to plan for your future. Call the Estate and Probate Legal Group in Lombard today at 630-864-5835 to schedule an initial consultation

AREAS WE SERVE: Cook, Dupage, Kane, Lake, and Will counties