Generally, when establishing conservatorships, a conservator must be appointed to make decisions for a person who no longer posseses legal capacity and has not planned ahead. Depending upon the situation, a court will appoint a conservator to protect the person, the estate or both. Estate planning can sometimes be completed after a conservator has been appointed, but this is a difficult process. Planning ahead is always preferable.
See also:
Beneficiary Representation
Probate
Trust Administration
