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Incapacity Planning

Every adult should have legal documents in place to allow someone they trust to take care of financial and medical decisions in the event that an accident or an illness causes them to lose capacity. A Health Care Directive, HIPAA Release and Durable Power of Attorney to allow individuals you trust to take over for you in the event of incapacity. These three simple documents save your loved ones costs and painful experience of needing a court procedure to be appointed as your conservator or guardian which is necessary for individuals who do not have these documents who become incapacitated.

A Health Care Directive also allows you to make your end of life heath care wishes known in the event you become incapacitated. Taking the time now to express your wishes about future health care decisions, financial needs and living arrangements can ensure that people you trust will have the legal authority to take care of you if you become incapacitated. We work with families who plan for the future in the event of incapacity caused by Alzheimer's, dementia and other progressive conditions. We also assist with nursing home planning, so that a clear, comprehensive plan is in place, should the need arise.

To be thorough, an incapacity plan might involve:

  • Health Care Directives
  • Powers of Attorney
  • Guardianships and Conservatorships
  • Special needs trusts to enhance the quality of life for disabled, handicapped, or incapacitated adults and minors who are on public assistance programs
  • HIPAA releases

We provide our clients with assistance in expressing their wishes for health care to ensure that you receive the care you desire and have your wishes honored and so that they receive the care they desire. In the event that a loved one becomes incapacitated without incapacity documents in place, we represent clients in completing the court procedure to establish a guardianship or conservatorship in order to allow the finances and health care decisions can be made on behalf of the incapacitated person.

Attorneys:  Dwight P. Cummins

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