Incapacity planning can include advance care planning, disability planning, and special needs planning.
With an advance directive and power of attorney in place, you’re providing actionable instructions regarding healthcare treatment, end-of-life decisions, and legal and financial considerations.
Should something happen to you, your needs and preferences can still be met.
Through your advance directive and power of attorney, you designate a trusted person (known as an agent) to act on your behalf and for your benefit. Your agent would have the authority to do things like pay your bills, file your taxes, and transfer property for you, as well as work with your doctors and insurance on long-term care.
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Your estate planning lawyer can help you craft documents that reflect your requirements and priorities.
We’ve been helping families with estate planning for more than 40 years. Over the course of our practice, drafting iron-clad advance directives and powers of attorney for clients has become second nature.
You’re unique. As such, your Gevurtz Menashe estate planning lawyer will guide you through the incapacity planning process. You’ll work collaboratively to determine the best way to structure your power of attorney, healthcare directive, will and/or trust, and other estate plan provisions.
As we’re well-versed in the laws and precedents surrounding disability, end-of-life care, and other aspects related to incapacity, your advance care planning will not only be tailored to your individual circumstances — it’ll also be comprehensive and meticulous.
It’s a part of estate planning that ensures your finances and medical care are managed if you become unable to handle them yourself.
An advance directive and power of attorney are the two main ones that you’ll want included in your estate plan (alongside your will, trust, etc.)
There’s no legal obligation. However, this is a complex area of law and it is highly recommended that you have an estate planning lawyer assist you so you create incontestable plans.
A court may appoint someone — possibly a person you’d rather not have acting on your behalf — to manage your affairs. The absence of proper incapacity planning could result in more work and stress for loved ones.
