A trust fund can be a wise way to avoid conservatorship if anything should happen to the creator of the trust fund.

What is a Conservator?

A conservator is someone the court appoints to handle decisions on your behalf. With a court appointed conservator you might not get the person handling your estate that you want or one that would consider your wishes.

A conservator can also be costly. He or she can be paid by the estate for their services. They have to report to the court periodically and do other things that might incur the expense of a lawyer. You will be in no position to make any decisions.

Reason for a Conservator

Why would a conservator need to be appointed to handle your estate? There are several reasons it could happen. You could end up in a major accident and be in a coma for months, or even until you die. If there is no one designated to take care of your estate, or even your minor children, the court will have to find one.

If you have a disease that is going to make you incapacitated as it progresses, such as Alzheimer, then at some point you will be unable to make decisions for yourself and your estate. The family or the court will have to step in and make those decisions for you.

Avoiding a Conservator

The reasons for not wanting to deal with a conservatorship are obvious. You have no control over the person chosen. You would have no control over decisions made on your behalf or on the behalf of your heirs or minor children. The courts would have final say and that is not necessarily a wise thing.

To avoid that happening you can set up a trust fund for your estate. Then when something happens to you, or you are incapacitated, the handling of the estate goes directly into the hands of the trustees. The trustees are those you have chosen and trust to make decisions for you based on your clearly stated wishes before anything happens.

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