Gevurtz Menashe

PDX 503.227.1515
WA 360.823.0410

Planning for Incapacity

Advance Directive & Power Of Attorney
Incapacity planning ensures you're able to speak for yourself in all decisions, from your medical care to financial affairs. As part of the initial planning and ongoing maintenance of our estate plan, our attorneys use various tools to help plan for incapacity in the event something should happen to you.

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Advance Directive & Power Of Attorney

Executing an advance directive (a health care power of attorney) allows you to provide instruction regarding health care treatment and end-of-life decisions in the event something should happen to you. Similarly, a general durable power of attorney appoints someone you trust to act on your behalf with respect to legal and financial matters. This person would have authority to, among other actions, pay bills, file taxes, and transfer property on your behalf and for your benefit. Our estate planning attorneys are available to help you through the process of selecting and appointing these important fiduciaries. Contact Gevurtz Menashe estate planning attorneys to ensure that your wishes are specifically defined and will be carried out by the agent of your choice.

​What is a Health Care Directive (Living Will)?

A health care directive, also called a “living will”, is a document that states your wishes with respect to the medical treatment you will receive if you are later unable to communicate your wishes. If you are rendered incapable of managing your own medical affairs as a result of illness or injury, a living will serves as the formal instruction manual of your wishes and decisions as they relate to medical care. A common example of this is the decision to be supported by any form of life support.

A living will only affects a person's medical care, and only when he or she is incapable of expressing an opinion due to lack of consciousness or some other disability.

To create a living will, it is important to consult an attorney who is knowledgeable about the laws and precedents surrounding end-of-life care. This is a sensitive area of the law, so having an attorney guide you through the process will ensure that your living will is not only reflective of your wishes, but is also legally enforceable.

​What is a Power of Attorney?

Likewise, a Power of Attorney is a document that appoints a trusted person to execute your financial affairs in cases where you cannot be physically or mentally present. The person named under a Power of Attorney is also called an agent. You can use the document to define exactly the parameters for their actions on your behalf. For instance, you can execute a power of attorney to empower your agent to sign loan papers for you or to access your financial accounts.

An attorney can help make sure that the parameters for your Power of Attorney document are set to reflect your exact wishes. You may want to restrict the document so that your agent will have neither too much nor too little power over your well-being in the event that you are incapacitated by illness or injury.

Need an estate planning attorney? We can help.

At Gevurtz Menashe, our estate planning attorneys can help you make provisions to ensure your wishes are carried out, both during your lifetime and after your death. Give us a call today. Our Portland offices can be reached at 503-227-1515 and our Vancouver office at 360-823-0410. You may also contact us online to schedule a consultation anytime.

Call our Portland, OR offices at: 503-227-1515
and our Vancouver, WA office at 360-823-0410
or contact us to request a consultation.