What is a living probate?

A living probate is a legal process that allows an individual to plan for their own care and the distribution of their estate when they are incapacitated or deceased. It is an important part of elder law in Oregon. A living probate usually involves creating a power of attorney and a health care directive, both of which give the person in question the right to appoint someone else to make decisions on their behalf. In the case of an incapacitated individual, the document allows the appointed person to make medical decisions as well as financial decisions. In the case of someone who is deceased, the document enables the appointed person to make decisions about the distribution of the deceased’s assets. Living probate is an important part of making sure that an individual’s wishes are followed, even if they are not able to speak for themselves. It is important to make sure the papers are legally binding to protect the wishes of the individual.

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