What is a living probate?

A living probate is a legal process that allows a person to manage their finances, health care, and other decisions even during their lifetime. This type of probate is used in Virginia to provide for the needs of elderly persons or incapacitated persons who may be unable to handle their own affairs. A living probate can take one of two forms: a conservatorship or a guardianship. In a conservatorship, a court appoints someone to manage a person’s finances and other affairs if the court determines that the person is unable to do so. The conservator is then responsible for managing the person’s assets, paying their bills, making investments, or other activities that require financial decision making. In a guardianship, the court appoints someone to make medical decisions for the person in question if they are unable to do so themselves. This includes decisions concerning medical care, living arrangements, or any other matters that may require medical decisions. The guardian is responsible for ensuring that the person in question is properly cared for and is not subject to abuse or neglect. Living probate is an important tool in elder law in Virginia, as it helps ensure that elderly or incapacitated persons are properly cared for and their decisions respected. Though often overseen by the court, the person in question is often granted considerable rights and ability to make decisions regarding their own affairs.

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What is a living probate?

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