Incapacity Planning Attorneys
The Presser Law Firm, P.A. Can Help You Plan for the Unexpected
Incapacity Planning, also referred to as life planning, is planning for the unfortunate circumstance of becoming unable to control your finances or health decisions. This could be brought on by a car accident, illness, or old age. If you don't plan for your incapacity in an estate plan, you run the risk of the courts interfering and acting inconsistently with your intended desires.
Getting help from an incapacity planning attorney like one of ours at The Presser Law Firm, P.A. can help you clarify important questions ahead of time. Get help from The Presser Law Firm, P.A. by contacting us online or calling (561) 953-1050 today!
Pre-Determine How Your Health & Finances Will Be Handled
The two major realms of incapacity planning are control over finances and control of health decisions. There are legal documents that can be executed to give that control to a specific person(s) whom you feel would make the best decisions on your behalf. Making your own choices is always better than surrendering your decisions to a court who has never met you.
The following are the most common tools used in incapacity planning:
- Durable Power of Attorney – This important document confers a temporary status upon someone you trust to act on your behalf in matters concerning your medical care and/or finances while you are incapacitated.
- Health Care Surrogate – This is an individual you can legally designate to make important health care decisions for you while you are incapacitated. They are limited to only making health care decisions and can be guided by your pre-written instructions.
- Living Will – This document can outline your wishes for health care treatment, including end-of-life care, should you become incapacitated. It can be used in conjunction with a health care surrogate.
- Creation of Joint Tenancies for Estate Planning – This tool can allow you to pass on certain property, such as real estate, without going through probate by co-owning it with a survivor, such as your spouse or children. Upon your incapacity or planning, ownership can be wholly assigned to your co-owner and avoid probate.
- The Living Trust – Created during your lifetime, this document designates someone to take control of your estate to manage it on behalf of you and your other beneficiaries.
- Pre-Need Nomination of Guardian – If you have a minor child, you can preemptively designate a legal guardian to care for your child during your incapacitation or when you pass away.
Yes, You Can Lose Everything!
You may think that your wealth is safe and that you don't need protection. But don't delude yourself and accept reality — For every 60 minutes you spend making money, spend 60 seconds thinking about how to protect it!