Unfortunately, you would be subject to “living probate,” also known as a conservatorship or guardianship proceeding. If you become mentally disabled before you die, the probate court will appoint someone to take control of your assets and personal affairs. These “court-appointed agents” must file a strict accounting of your finances with the court. The process is often expensive, time-consuming and humiliating.
Home » FAQ » ESTATE PLANNING FAQ’S » The possibility of a disabling injury or illness scares me. What would happen if I were mentally disabled and had no estate plan or just a Will?