If you or a loved one is physical or mentally unable to make decisions on your own behalf, you may need to go through a public and costly court supervised process, called Guardianship, Conservatorship or Living Probate. This process allows the court to appoint another individual to manage the affairs of the incapacitated person. This could include naming someone to handle 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, or making critical medical decisions.
At our law firm we are committed to preventing the need for these court-supervised proceedings and ensuring our clients maintain control by creating estate plans that work should these emergencies occur. They allow the loved one or individual the incapacitated person has nominated to step in without any court interference.
If your loved one has lost their capacity to care for themselves and did not establish an incapacity plan, we offer support and guidance through this court process.
Depending on the needs of the individual or family, incapacity planning could include a number of planning techniques such as Revocable Living Trusts, Property Powers of Attorney, Health Care Powers of Attorney, Living Wills or Advance Health Care Directives or Guardianships/Conservatorships.