Incapacity Planning Documents
Incapacity planning documents can be prepared as standalone documents or as part of a comprehensive estate plan. If you become unable to manage your financial affairs or make medical decisions for yourself, these documents allow trusted individuals you choose to act on your behalf.
Many people assume estate planning is only about what happens after death. However, incapacity planning is equally important because it helps ensure your wishes are followed during your lifetime if illness, injury, or incapacity prevents you from making decisions for yourself.
Many people associate these documents with aging, but incapacity can occur at any age due to an accident, serious illness, surgery, or unexpected medical emergency.
durable power of attorney
A Durable Power of Attorney allows a person you designate as your agent to handle financial and legal matters on your behalf.
This document can become effective immediately or, more commonly, be drafted as a "springing" power of attorney that takes effect only if you become unable to manage your own affairs.
Having a Durable Power of Attorney can often help avoid the need for a court-ordered conservatorship of your estate.
advanced health care directive
An Advance Health Care Directive is California's version of a health care power of attorney. It allows you to designate a trusted person to make health care decisions on your behalf if you become unable to make those decisions yourself.
The document also allows you to provide instructions regarding your medical care, including your preferences for treatment, end-of-life care, and other important health care decisions.
Like a Durable Power of Attorney, an Advance Health Care Directive is often drafted to become effective only if you become incapacitated.
Having this document can often help avoid the need for a court-ordered conservatorship of your person.
hipaa release
A HIPAA Release works alongside your Advance Health Care Directive by allowing designated individuals access to your medical information and the ability to communicate with your health care providers in compliance with federal privacy laws.
Having this document can help avoid delays and obstacles when your designated agent needs access to medical information in order to assist with your care and communicate with health care providers.
Ready to Plan for the Unexpected?
Incapacity can happen unexpectedly. Having the proper legal documents in place can provide peace of mind and help ensure that your financial and medical wishes are carried out by the people you trust most.
Whether you need standalone incapacity planning documents or would like them incorporated into a broader estate plan, we can help you determine the best approach for your circumstances.
