Many people make the mistake of associating the concept of incapacity with old-age related dementia diseases such as Alzheimer’s. While you certainly may suffer incapacity as a result of dementia later on in life you could also become incapacitated tomorrow as a result of a horrendous car accident. If that happens, are you prepared? While you cannot emotionally prepare for something like incapacity you can legally prepare to ensure that your wishes are honored should the worst happen.
At the Law Offices of Saul Kobrick, P.C. our New York incapacity planning attorneys would like to help you develop an incapacity plan that reflects your own personal choices to ensure that your wishes will be honored should incapacity strike. Contact us today by calling 800-295-1917 or by completing our online contact form so we can get started with your incapacity plan.
Why Do You Need an Incapacity Plan?
If you are incapacitated by a sudden accident or illness, decisions will need to be made for you. These decisions could be as simple as where you will live or as complex as what medical treatment you will receive. In addition, if your incapacity lasts for a significant period of time, someone will need to step in and manage your finances and control your assets. An incapacity plan allows you to decide ahead of time who will make those decisions and who will control and manage your assets. Without an incapacity plan in place a court will be forced to decide who is appointed to make those decisions and control your assets. While the court might appoint the same person you would have selected had you done so prior to your incapacity, there is no guarantee. The need to petition a court for guardianship wastes precious energy and funds at a time when both are likely needed for other things. Moreover, in a worst case scenario your loved ones could end up in a protracted legal battle over the right to become your guardian, potentially creating a divide in your family that may never be repaired.
How Incapacity Planning Can Help
An incapacity plan allows you to decide now who will step in and make decisions for you and who will control your estate in the event of your incapacity. For example, you may execute a Healthcare Proxy and Living Will which permits you to appoint an agent to make healthcare decisions for you should you be unable to make them. A durable power of attorney or revocable living trust can be used to give someone control over your assets in the event of your incapacity. Instead of leaving it to a court to decide, creating an incapacity plan lets you decide, thereby ensuring that your wishes are honored.
Incapacity can strike anyone at any time, making it even more important to create your incapacity plan now. At the Law Offices of Saul Kobrick, P.C. we would like to help you get started on your plan today. Contact us today by calling 800-295-1917 or by completing our online contact form so we can get started with your incapacity plan.
