Estate Planning, Collaborative Family Law & Mediation

Incapacity Planning

Incapacity is a legal and medical term that a point in our lives when we are either mentally or physically unable to care for ourselves or to manage our affairs. Incapacity may be triggered by any number of circumstances like: illness, age, injury, or substance abuse. Incapacity can be a temporary condition or it may become a permanent state. However, simple physical inability – you need a little help carrying groceries or use a walker to help you move about – does not always translate into incapacity.

The problem with incapacity is that it sneaks up on you and if you don’t do some planning, your assets can be left in limbo – you are unable to manage your assets and no one else has the power to manage them for you. The only option in this case is to ask the court to intervene and appoint a conservator and/or guardian to manage your affairs.

Proper incapacity planning is your opportunity to put into place the mechanisms needed to keep your assets out of limbo. Proper planning lets you pick the individuals you want to manage your affairs for you and allows you to create the legal documents necessary to empower them to act in your place. It allows you to put safeguards in place that bind these individuals to a set of specific instructions designed to meet your goals and objectives.

Cameron Law can help you design an incapacity plan that fits your needs and enables you to maintain lifetime control over your assets without court intervention. Cameron Law can prepare trusts, powers of attorney, and health care directives that allow you to exercise control over: (a) your financial and legal affairs, (b) your health care, and (c) the care of your minor children and/or dependents.

For an initial consultation, call 507-206-4976

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