When Resorting to the Courts Isn’t All BadWhen Resorting to the Courts Isn’t All Bad

Often, planners extol the virtues of planning to avoid court involvement. They may recommend using supportive decision making, designated beneficiaries and the creation of durable powers of attorney, designations of patient advocates and revocable inter vivos trusts. However, seeking court involvement may be helpful or even necessary despite the existence of a full cadre of executed and enforceable estate-planning documents. While estate planning is important in implementing clients’ desires, planners shouldn’t advise clients that the existence of executed estate-planning documents will always avoid the need for court intervention.

Supportive Decision Making

Supportive decision making is a process that allows clients to make their own deci...