Planning for Disability or Incapacity

While most people think of drafting a Will when planning for the end of life, a Will does not address issues of disability or incapacity while you are still living. Planning for disability or incapacity, often called elder planning, is just as important as planning for how your assets will pass after your death. There are many things to consider when planning for the possibility of disability or long term health problems, such as, long term care financing, nursing home issues, medical decisions, etc.

While everyone’s situation is different, almost all good plans will include a Durable Powers of Attorney document as well as an Advance Health Care Directive. These two documents will spell out who will make decisions and manage your affairs on your behalf if you become incapacitated as well as what your wishes are as it relates to health care decisions. One of the most important things to remember about these documents is that you must be competent in order to execute them. Again, this is why proper planning is so important because when it comes to making these decisions, if you do not have the documents in place, then you may not be able to execute them at all.

There are many resources on the internet and in bookstores discussing elder planning issues, as well as many samples of some of the most common forms. However, it is important to remember everyone’s situation is different. A simple form may work for you or it may not. As always, I would advise you to meet with an attorney who practices estate and elder planning and make sure that you have the best plan in place for your particular needs.




Birmingham Estate Planning Attorney Richard Burton provides legal services in Estates, Wills & Trusts, Probate Administration, Guardianship and Conservatorship, Asset Protection Planning, Business Succession Planning, Federal & State Tax Planning, Charitable Giving & Private Foundations. Contact Richard at www.attorneyrichardburton.com or call (205) 789-9894.

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