Planning for Incapacity
It is possible to set procedures in place for what will happen should one become incapacitated. Without advanced planning, it is not always clear what a person would have wanted in such a situation, and courts will frequently need to be involved.
I prepare Powers of Attorney for our clients to address their financial concerns. A Power of Attorney may be drafted to only be effective if one is rendered incapacitated (referred to as a “Springing” Power of Attorney) or a Power of Attorney may be immediately effective. By giving someone a Power of Attorney, one may reduce the likelihood of court intervention in their financial affairs should they become incapacitated. The person with the Power of Attorney may act on their behalf in almost every aspect of their financial life. It is critically important to give such powers only to people who are trusted absolutely.
I also prepare Health Care Directives (Minnesota) and Advanced Directives (Oregon). People may nominate an agent to make health care decisions for them should they become unable to communicate with their doctors. People may give their agents directions on how they want those decisions to be made. Health Care Directives and Advanced Directives are of great value when there otherwise would have been questions about the proper course of action to take.
The information contained on this website is provided solely as a summary of the services offered by my firm, and is not intended as legal advice. It consists of only a brief overview of the various services that I provide. Laws in the area of business and estate planning change frequently. Please do not rely on the information on this website for your business or estate planning needs. Each company, individual, couple, and family has unique needs. It is always advisable to consult an attorney when dealing with any of the issues discussed herein.