Incapacity planning is a broad area of law that covers how you are cared for if you become physically or mentally unable to care for yourself. The type of care could range from simple tasks like buying groceries, paying bills and handling financial matters to more important decisions such as selling real estate, gifting assets to your children and making critical medical decisions.
We Can Assist You With Developing A Plan
Depending on the needs of the individual or family, incapacity planning could include:
- Property powers of attorney
- Health care powers of attorney
- Living wills or advance health care directives
- Guardianships/conservatorships - can be avoided with a proper estate plan
Good advance planning includes the use of a power of attorney, an appointment of health care representative and a living will or life-prolonging procedures declaration. Although there have been court decisions that recognize the authority of certain classes of family members to speak for you in health care matters when you cannot speak for yourself, advance directives are still necessary to ensure that your wishes will be respected.
What Is A Guardianship Or Conservatorship?
Guardianship, also known as conservatorship, is a court-supervised proceeding that names an individual or entity to manage the affairs of an incapacitated person. A guardianship may also include the duty to care for the incapacitated person. At The Elder and Disability Law Firm, APC, we help clients create a plan to handle their affairs if they become disabled, thereby avoiding the necessity of a public guardianship proceeding.
From Our Offices In Redlands and Riverside, We Assist Clients Throughout California
Call us today at 909-888-7100 to schedule a strategy session or send us an email to find out more about our estate planning services.