When an elderly individual sustains a fall and becomes incapacitated, probate proceedings may be necessary to manage their affairs. This article explains how to protect their rights during this process.
A fall can lead to serious injuries that may result in a senior becoming incapacitated or unable to manage their own affairs. In such cases, probate proceedings may be necessary to ensure that the senior’s assets are properly administered and that their wishes are respected. If the senior has not named an attorney-in-fact or healthcare proxy, family members may need to petition the court for guardianship or conservatorship. These legal processes can be complicated, especially if the senior is also experiencing memory loss. To protect the senior’s rights and best interests, it’s important for caregivers to understand how probate works and how to advocate for the senior during this challenging time. Probate proceedings ensure that the senior’s estate is managed according to their wishes, whether they have the mental capacity to make decisions or not.