Incapacity Planning

Protection When We Are Most Vulnerable

Power of Attorney

It is very important to name an “attorney-in-fact” in your Power of Attorney. Your attorney-in-fact can manage your assets, file your tax return, sign your name and act as your legal representative, if you were unable to do so yourself.  No conservatorship or other judicial intervention would be required.

Advance Healthcare Directive

Your Advance Healthcare Directive (AHCD) appoints another person (i.e. your spouse) to make healthcare decisions for you, but only if you are incapacitated or otherwise unable to make healthcare decisions for yourself.

HIPAA Authorization

The Federal HIPAA law strictly limits anyone’s access to your healthcare information. While HIPAA protects your medical privacy, it can also result in family members and other important persons being “cut off” from information during a crisis. However, your HIPAA Authorization designates “Authorized Recipients of protected health care information” is advance.

The Living Will

Your Living Will contains your instructions regarding the medical care you wish to have, and don’t wish to have, if you were in a terminal condition, an irreversible coma or a persistent vegetative state, and with no medically reasonable chance of recovery.

Revocable Living Trusts

When assets are held in trust, the trustee has full power to manage and protect trust assets. While you are “alive and able,” you serve as your own trustee. If incapacity strikes, your “successor trustee” simply steps into your shoes and continues the management and protection of trust assets.

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