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Incapacity planning 

According to statistics, nearly 46% of us will become severely incapacitated during some point in our lifetimes.  Most of us are not even aware when this happens and often family members may not realize until there is a catastrophic event or strange things such as dwindling bank accounts, piles of bills or increased creditor calls start happening.  When you start putting yourself in a financially vulnerable position - such as unreasonably giving away assets you may or may not have, or ignoring bills, it is important that you have nominated someone to step into manage your finances, your legal and tax matters and control, preserve and manage your digital assets.  

Similarly, if catastrophic illness renders you incapacitated, having a person who is like-minded in how you would have made decisions regarding your medical, mental health care and final end-of-life matter is important.  

Unfortunately, all too often people do not bother to nominate someone to make these all important decisions for them in case of their incapacity which means family members might need to ask the Court to step in to appoint someone (a Guardian or Conservator) to work with the family and medical teams.  Unfortunately, the court appointed professional must get paid by the incapacitated person's estate and very often might not have met the individual before the incapacity and might not make the same decisions that a trusted power of attorney may have made.  Before the 2015 passage of Obergefell v Hodges, many gay and lesbian couples had to make sure their incapacity documents were done so that their partners could speak for them rather than allowing a court to defer to other family members.  

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  • Power of Attorney Financial
  • Incapacity Certification
  • Power of Attorney Medical

  • Power of Attorney Digital

  • Living Wills - Advance Healthcare Directives

  • HIPAA Authorizations

  • Request for Medications to Die Peacefully

  • Cremation Authorizations

  • Temporary Guardianships - only if the client has minor children.  Guardianship documents for grandchildren must be established by the parents. 

Your Incapacity Planning Attorneys 

While incapacity planning might be of concern to our elders or those who are ill, establishing an incapacity plan is important for everyone.  None of us have a crystal ball to tell us when life may throw us a curveball, or a world-wide pandemic putting thousands of patients on respirators without a known cure.  Family members were forced to decision if they would authorize experimental treatments and sometimes - due to restrictions on visitations, hospital staff just did what they thought was best - without any legal authority whatsoever.   Without the essential financial and healthcare decision-making documents in place, a court may appoint a guardian or conservator who will make financial and medical decisions on your behalf.  In the case of the hundreds of elderly patients in nursing homes, those who did not have nominated agents found themsleves with unexpected court appointed guardians paid for at the patient's expense but really put in place to protect the facilities.  Contact us at Treveri Law, at 505-808-0234 to establish your incapacity plan today.  


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