Like everywhere else, people in Boston get older, and when a loved one becomes incapacitated, it can be hard to deal with the consequences. In order to ensure that the estate of the incapacitated individual is safe, it might be best to file for a court conservatorship. According to some, this should rarely happen if a trust is already in place, but sometimes is necessary if estate plans are not clearly communicated before it is too late.

Conservatorships are put in place after certain criteria have been met. This may be that an elderly relative is no longer able to handle his or her own estate. By petitioning a court for a conservatorship, a spouse, child, or next of kin can take control of a senior's finances. An investigation is performed by the court to verify an individual's incapacitation and, if approved, the conservatorship will allow the petitioning loved one to take care of the estate.

A conservator must pay bills and safeguard any assets that he or she can. So that the process can be properly observed, an inventory of the conserved assets must be submitted to the court. Conservators are also required to file paperwork that depicts the finances of the estate -- any bills paid or income received must be documented.

If no one in a family is able to care for the estate of an incapacitated individual, an attorney can be hired to do so instead. This may be a better decision because a third party is more likely to be disinterested, eliminating the worry that a relative may attempt to swindle your loved one.

Source: The Herald, "Take care with estate plans," Liza Horvath, Jan. 2, 2012