What is “Living Probate?”

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Living Probate is a term used to describe what happens to those who become mentally incapacitated without proper planning in place. In that case, another person must be appointed to make financial and other decisions for the incapacitated person because he or she is no longer able to make those alone. This process of arranging for someone to make decisions for the incapacitated person is called a guardianship or conservatorship, depending on the jurisdiction, and is a process supervised by a probate court.

In some jurisdictions, a “guardian” is appointed to oversee decisions pertaining to the incapacitated person’s body, while a “conservator” is appointed to oversee decisions pertaining to the person’s financial affairs.