When the Court Decides: Conservatorship, Guardianship, and You
Update: 2025-12-09
Description
Conservatorship & Guardianship: The Living Probate Nobody Plans For In this Senior Matters episode, hosts Mark Wight and Carly Ward discuss the urgent need for proactive estate planning to avoid court-imposed conservatorship and guardianship. Known as "living probate" in Idaho, these processes strip individuals of financial and personal decision-making authority when prior planning hasn't been done. This could mean a court appointed individual becomes in charge of your finances and your decisions. Mark and Carly explain the differences between conservatorship (managing the money) and guardianship (managing the person), share the emotional and financial toll of court proceedings, and highlight how powers of attorney and trusts can preserve autonomy. With fewer than 30% of people passing away with intact faculties, incapacity planning is critical to keeping families not courts, in control of life's most important decisions.
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