If you don’t have a plan, your state has one for you, but you probably won’t like it. At disability: If your name is on the title of your assets and you can’t conduct business due to mental or physical incapacity, only a court appointee can sign for you. The court, not your family, will control how your assets are used to care for you through a conservatorship or guardianship. It can become expensive and time consuming, it is open to the public, and it can be difficult.