The answer is simple: a conservatorship restricts the rights of the conserved person. As such, that person is entitled by statute to have an attorney represent his or her interests to be sure that, among other things, a) the conservatorship is actually necessary; b) that it is the least restrictive means of assisting the person and protecting their assets; and c) that the person petitioning to serve as conservator is fit to do so.

My job is to explain to my client that a petition has been submitted to the court and if granted, how having a conservator will effect their lives. In many cases, my client is unaware that he or she is suffering from dementia or Alzheimer’s Disease and can not understand why assistance with their daily living and financial affairs is needed. To assist the court in making a sound determination in the case of an involuntary conservatorship, the law requires that a physician’s evaluation be submitted to the court detailing the client’s physical and mental condition. Such an evaluation must be current within 45 days of the scheduled court hearing.

Under our State law, a person who is age 18 or older and who is of sound mind, has the right to name a conservator for his or her future incapacity. Because there are many reasons that a person might one day need the services of a conservator, it is important to consider executing such a document — while you are still able to do so. A licensed attorney can draft this legal document for you.

I find it interesting that people are diligent about obtaining life insurance policies to assist their loved ones financially after they die but so many put off preparing a Last Will and Testament. I’ve actually heard people say that they are afraid that if they do make a Will, they will die. I suppose it’s like walking under a ladder, having a black cat cross your path, or opening an umbrella indoors. In my professional experience, people don’t suddenly drop dead ten minutes after publishing a Will. We’re all going to die some day but making a Will probably won’t end our lives any sooner than it was going to end any way.

With that said, a Will is a document meeting certain formal requirements by which an individual may provide for the disposition of his or her property after death. In Connecticut, a Will must be in writing, it must be signed by the person making the Will (known as the testator or testatrix) and it must be attested by at least two witnesses who must sign in the presence of the person making the Will.

When a person writes their own Will, they run the risk of the document not being valid in their state. If a resident of Connecticut wrote: “I, John Doe, leave all of my wordly goods to my brother, Albert Doe. Signed John Doe,” that Will would be considered invalid because it does not meet the requirements of construction I listed in the previous paragraph. Such a Will is known as a holographic Will.

I have had cases where a widowed spouse submitted a Will to the Probate Court and was told that it was invalid. In one such case, the deceased spouse had purchased a Will online. Not all Wills are created equal and it is important to be aware of that fact. If you don’t have a Will, you should contact a licensed attorney in your state for advice. If you do have a Will that wasn’t drafted by a licensed attorney, you should have it reviewed by one to determine whether or not it is valid.

Just be sure to put a rabbit’s foot in your pocket before you make the call.

“Most tax advisers thought that Congress would extend the estate tax before it was due to expire at the end of last year. But while the House did act, the Senate did not. So what few predicted would happen did happen: the tax is gone for one year but set to be revived in 2011 at a higher rate and a lower exemption, unless Congress acts. It’s the first time since 1916 that rich Americans can contemplate dying without one last tax.”

This will be a different year for estate planning than in years past.

Read: A Bizarre Year for the Estate Tax Will Require Extra Planning

[Thanks to North Carolina Estate Planning Blog]

Lack of Estate Tax in 2010: Now Cheaper to Die?
With Taxes Gone, Will Death Be At A Premium?

[Source: ABC News]

Don’t Die Today – Tomorrow There Will be No Estate Tax

[Source: North Carolina Estate Planning Blog]

Beating the estate tax to death
With estate tax set to end this year, retroactive lawmaking in 2010 is likely

[Source: Market Watch]

To paraphrase an old saying, the only certainties in life are death and taxes. Given that death is inevitable (much as I hate the thought), estate planning is something you should not ignore.

I often hear people say that they should have a Will drafted someday soon. (When they utter this statement, they have usually acquired some assets, large or small). I suppose it is human nature to procrastinate … and it is human nature to think ourselves immortal.

Wishful thinking aside, one day we shall all leave behind an heir or two.

Recently, I came across a well-written post authored by Pennsylvania attorney, Patti Spencer. It focuses on the issue of timeshares and how they come into play as part of your estate plan. If you own a timeshare, I urge you to review this post.

Read: Probate for Timeshares

[Source: Pennsylvania Trust and Estates Blog]

According to an article published in today’s Hartford Courant, officials from small towns across the State are concerned that the proposal, as it currently stands, “creates sprawling districts that would be inconvenient for families.”

Earlier this month, Farmington’s town council voted to appeal a preliminary plan that would consolidate its court into a super district that would also include the probate courts in Avon, Canton, Burlington and Simsbury. Town leaders offered an alternative plan in which its court would be consolidated with Plainville and Burlington. It proposed that Avon, Canton and Simsbury be grouped with Granby and East Granby. Officials in Canton, Avon and Simsbury support the revised plan.

An Act Concerning Probate Court Reforms And Establishing A Probate Redistricting Commission (Sub. H.B 6385 – P.A. 09-114) was signed into law by Governor M. Jodi Rell on June 9, 2009. The law goes into effect on January 5, 2011.

I spend a fair share of my time practicing in the Probate Courts. As an attorney, it is my hope that what doesn’t work will be fixed – and that what already works fine will be left intact. I do like the idea that all of the Probate Courts will be required to operate 40 hours per week. Many of my colleagues have expressed the shared frustration that it is difficult to conduct business with those courts currently operating on limited schedules.

In an article published in the June 22, 2009 edition of the Connecticut Law Tribune the author writes, “[t]he community nature of the probate courts and their accessibility to lay persons are strengths of the system that must be retained.” I wholeheartedly agree with that sentiment.

The Tribune article goes on to say that “[t]he time-sensitive nature of many matters brought before the probate courts should also factor into any consolidation plan.” Again, I concur. There are many critical issues that require immediate access to the courts and if the consolidation is going to work, this factor must be considered.

It will be interesting to see where this reform takes the Probate system.