Legal Representation for Incapacity Planning

Legal Representation for Incapacity Planning

Incapacity planning is a broad area of law that covers how you are cared for if you become physically or mentally unable to care for yourself. The type of care could range from simple tasks like buying groceries, paying bills, and handling financial matters to more important decisions such as selling real estate, gifting assets to your children, or making critical medical decisions. Depending on the needs of the individual or family, incapacity planning could include a number of planning techniques such as Property Powers of Attorney, Health Care Powers of Attorney, Living Wills or Advance Health Care Directives or Guardianships/Conservatorships.

What is a Guardianship or Conservatorship?

Guardianship, also known as Conservatorship, is a court-supervised proceeding which names an individual or entity to manage the affairs of an incapacitated person. A Guardianship may also include the duty to care for the incapacitated person.

Our law firm helps clients create a plan to handle their affairs in the event they become disabled, thereby avoiding the necessity of a public Guardianship proceeding.

Guardianship — Winter Haven, FL — The Tessier Law Firm

Incapacity Planning Definitions

  • Power of Attorney

    You empower someone else to act on your behalf. Technically, this person becomes your “Attorney in Fact,” but is more commonly referred to as your “Agent.”

  • General Power of Attorney

    Provides your Agent with broad authority. It says that at any time – and in just about any capacity – your Agent can conduct business in your name. The Agent can be given great discretion.

  • General Durable Power of Attorney

    This is a General Power of Attorney that remains valid even during your incapacity.

  • Durable Power of Attorney for Health and Living Will

    These documents authorize termination of life support if you are terminally ill and appoint an Agent, of your choice, to make health care decisions for you if you become incapacitated.

  • Gifting Language

    Special language that may be drafted and included with your Trust document and Power of Attorney to give authority to gift assets to accomplish planning goals.

  • Medi-Cal Triggers

    These “triggers” or events can put into motion the shift of assets out of the name of the person who is incapacitated in order to qualify for Medi-Cal benefits.

  • Conservatorships/Guardianships

    This is the court-supervised proceeding which names an individual or entity to manage the affairs of an incapacitated person.

  • HIPAA Release

    The Health Insurance Portability and Accountability Act of 2003, known as “HIPAA,” created privacy protections for medical information which prevents hospitals and physicians from providing your personal health information to anyone that is not listed in a signed HIPAA Release. This release allows the Agents under your Advance Health Care Directive/Durable Power of Attorney for Health Care, and the Trustees under your Revocable Living Trust to carry out their duties.

For more information, or to schedule a consultation, call us at 863-220-7927.

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