How can a revocable trust avoid a conservatorship?

A revocable trust can be used as a tool to avoid a conservatorship in the event of incapacity, as long as the trust is properly structured and managed. When a person becomes incapacitated and is no longer able to manage their own affairs, a court may appoint a conservator to manage their financial and personal affairs. This can be a time-consuming, expensive, and intrusive process, as the conservator may have to make decisions that the incapacitated person would not have made if they were able to do so.

By creating a revocable trust, a person can name a successor trustee who will step in to manage the trust and the person's affairs if they become incapacitated. The trust document can provide instructions for how the trust assets are to be managed, and the successor trustee can carry out those instructions without the need for court involvement. This can help avoid the need for a conservatorship and provide a smoother transition of management in the event of incapacity.

It's important to note that the revocable trust must be properly funded, meaning that the person must transfer their assets into the trust during their lifetime in order for the trust to be effective. Additionally, the person must still have capacity when creating the trust, as a trust created after incapacity may be subject to challenge. Working with a qualified estate planning attorney can help ensure that the revocable trust is structured properly to achieve the desired goals, including avoiding a conservatorship.