Uniform Probate Code Revisited And Why You Should Still Avoid It Whenever Possible
January 1, 2012
Suppose that tomorrow you are in an accident. Your injuries leave you unable to make your own medical and financial decisions. To make matters worse, you do not have a health care proxy or a durable power of attorney – documents that you could have signed that name someone to make those decisions for you. Your personal and financial future now lies squarely within the jurisdiction of the probate court and the costly, time-consuming, privacy-destroying processes known as guardianship and conservatorship.
The laws surrounding guardianship and conservatorship changed dramatically with the enactment of the Uniform Probate Code (UPC) in 2009. Prior to this, many felt that guardianships and conservatorships were obtained too easily and that there were not enough due process protections in place for the incapacitated person. The UPC established additional safeguards to protect the alleged incapacitated person. While this is beneficial to the incapacitated individual, it means additional time, expense, and consternation for the petitioning party. …
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by: Gina M. Barry