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Feb 19, 2015

Why Would The Probate Court Get Involved If I Am Incapacitated?

If you can’t conduct business due to mental or physical incapacity (dementia, stroke, heart attack, etc.), and do not have a living trust or power of attorney, then only a court appointee can sign for you. A legal process will take place to appoint a guardian and/or conservator to manage your affairs. Once the court gets involved, it usually stays involved until you recover or pass away.  The probate court, not your family, will control how your assets are used to care for you. This public probate process can be expensive, embarrassing, time consuming and difficult to end. In addition, it does not replace probate at death, so your family may have to go through probate court twice!

Categories: Estate Planning

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My name is Diana Hale, and I serve families and business owners in Denver, Colorado Springs, and the surrounding metro areas.

2000 S. Colorado Blvd.
Tower One, Suite 2000
Denver, CO 80222
Dir.: (720) 739-1799
Fax.: (888) 552-6580
Diana@HaleEstatePlanning.com

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2000 S. Colorado Blvd., Tower One, Suite 2000 | Denver, CO 80222
800-686-0168 | 720-739-1799 | 719-623-5822

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This website includes general information about estate planning, probate, and business law. These materials are for informational purposes only. They are not intended to be legal advice regarding any particular set of facts or circumstances. You need to contact a lawyer licensed in your jurisdiction for advice regarding your specific legal issues.