Designating a Conservator of the Person for Future Incapacity
Advance directives are an important component of estate planning for all adults in and around Canton. When you meet with your estate planning lawyer to discuss the details of your estate plan, you will want to ensure that you appoint a health care representative and that you draft a living will or health care instructions in the event that you become incapacitated and cannot make your own wishes known. In addition to these essential documents, you may also want to consider related documents that can be beneficial to Connecticut residents. You can fill out a “document of anatomical gift” form, and you can also designate a conservator of the person.
If these are not matters that you have previously considered, you may be wondering: should I designate a conservator of the person for future incapacity? And what is this document, exactly? Consider the following information from our Canton estate planning attorney.
Designating a Conservator of the Person
A conservator of the person is someone who is typically appointed by the court to become the legal guardian of an adult who has become incapacitated or unable to manage their own affairs. Connecticut recognizes conservators of the estate (who handle financial matters) and conservators of the person (who make personal decisions on behalf of the incapacitated adult).
While a conservator of the person can be appointed when a family member or other party petitions a court to make such an appointment, it is also possible for an adult — prior to their incapacity — to designate a conservator of the person for themselves in the event that they need this type of guardianship later on at any point. This is often done as part of a person’s estate planning, and it involves creating a document through which the party designates a conservator of the person for future incapacity.
Requirements for Designating a Conservator of the Person for Future Incapacity
What are the requirements for designating a conservator for future incapacity? Under CT Gen Stat 45a-645, the following are necessary for a person to designate a conservator of the person, the estate, or both for future incapacity:
- Person making the designation must be at least 18 years old;
- Person making the designation must be “of sound mind”;
- Designation must be in writing;
- Designation must be executed and witnessed in the same manner as is required for a will or a power of attorney; and
- Witnesses cannot include the designated conservator or successor conservator.
Contact a Connecticut Estate Planning Attorney
Estate planning in Canton and throughout Connecticut can be complicated, especially when you do not know which documents and tools are particularly important to your estate plan. This is something that an experienced Connecticut estate planning lawyer at the Law Office of Brian S. Karpe can help you to determine. We can speak with you to learn more about your present circumstances, and we can assist you with all aspects of your estate plan — from drafting a will and advance directives to setting up one or more trusts under Connecticut law. Contact us today to learn more about how we can assist you.
Sources:
law.justia.com/codes/connecticut/title-45a/chapter-802h/section-45a-645-formerly-sec-45-70/
portal.ct.gov/-/media/ag/health-issues/advdirectivescombinedform2006alt-pdf.pdf?rev=1475e3fcefa446ca8d07e3160f6102ad&hash=B9F8DDDDACABFA1FE24E615C355FED2D
