Incapacity Planning

Estate planning is not only about death.   Good estate plans also cover the question of what happens if you become disabled.  Whether the disability comes from a stroke, heart attack, or tragic accident, it can occur at any time to any of us. 

Who will act on your behalf if you become disabled?  Who will handle your personal and financial affairs?  Will they keep you on life support even though you have a terminal condition?  Fortunately, there are legal tools in a good estate plan that ensure you are protected. 

Financial Decisions:  The durable power of attorney is one of the most important estate planning documents.  If you become incapacitated, life goes on.  Bills still come due, taxes must be filed, and financial matters tended to.  With a durable power of attorney, you can designate a person you trust to act on your behalf. 

Without a durable power of attorney, your family may need to have the probate court appoint a conservator or guardian to manage your affairs.  This takes time, money, and may result in a person you do not want handling your affairs.   

Healthcare Care Decisions:  California law allows you to appoint a trusted family member or agent to make decisions about your health care if you are unable to make these decisions for yourself due to incapacity. 

Based on your personal desires, your agent will have the power to direct your physicians to take all measures necessary to prolong your life…or not… if you have an incurable and irreversible condition that will result in your death or if you become comatose and are not expected to regain consciousness.  It is your right to choose as long as you have signed an Advanced Directive for Health Care.    

Both of these documents are important parts of an Estate Plan

“Peace of Mind is a beautiful thing.” Jim Perry