Probate Courts Declare “Incapacitation” More Than Ever

November 14, 2011 09:39pm

Across the country, many seniors entering their later years are being declared incapacitated, which requires that they are assigned a guardian who will oversee their finances and make all legal decisions affected the senior. At the same time, many fear the increase in incapacitation declarations will lead to further abuse and mismanagement of retirement finances.

Probate courts are facing a real problem, as many more seniors are entering their final years due to advancements in medicine and science. While such advancements have extended the lives of millions and helped their quality of life, many lives are extended through times when the senior cannot care for themselves.

The recent increases have brought the issue to the forefront of both probate and elder law advocates, who want to protect seniors while also ensuring that they receive the help they need. Courts are scrambling to handle the influx of cases and to properly oversee the guardians who are charged with protecting the seniors.

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