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Disability Planning


Disability Planning


Disability planning enables a person to establish a control system of their design and choosing over their personal affairs should they become  incapacitated.


The Need For Advance Planning


We are fortunate to live in a time and place where, if we chose it, our quality of life and life itself has been greatly extended.  Nevertheless, medical science’s ability to maintain the quality of the mind and nervous system has been eclipsed by the abilities to heal the body.  Accordingly, many people suffer a reduced capacity, or even incapacity, long before their physical body fails. Those who fail to plan for disability risk subjecting themselves and their estate to a guardianship process in which a court will appoint a guardian to manage the person’s finances and physical well-being. A guardianship can be an expensive, public, and humiliating experience for all parties involved, any may not reflect your desires at all.


Powers of Attorney and Living Wills


Financial powers of attorney and health care directives allow you to control your personal affairs, even when you can no longer make decisions or manage your life.


·   Financial Power of Attorney - Gives a trusted person the authority to make financial decisions for you.


·   Health Care Power of Attorney - Grants a trusted person the authority to make health care and future medical treatment decisions when you person are no longer competent or cannot give consent for medical treatment yourself.


·   Living Will (also known as a Physician’s Directive or Advance Directive) - Allows a person to state his or her wishes regarding continued medical treatment in end-of-life situations.


Revocable Living Trusts


With a funded trust and appropriate and complete powers of attorney, a guardianship proceeding can be completely avoided in the event of mental incapacity. A living trust allows a person to leave instructions on how assets can be managed for the benefit of the disabled trustmaker and his family. Such instructions are required to be followed by a successor trustee.


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