Incapacity Planning

When you are young and healthy, it is hard to ever imagine a day when you are no longer able to do things for yourself. As you age and physical limitations arise, however, the uncertainty of the future becomes more apparent. The sad reality is, anyone could become sick or injured at any time and their illness or injury could leave them incapacitated, unable to speak for themselves, and unable to manage their own affairs.

While you cannot control what happens to your health, you can control what will occur if the worst happens. Incapacity planning with the help of a Long Island estate planning attorney allows you to take advantage of all of the legal tools available to ensure you have people who you can trust making decisions on your behalf. Incapacity planning also gives you the opportunity to take the burden off of your family to make some hard choices, and lets you have more control over what kinds of care you receive in an emergency situation.

Eghrari Law Firm is a Long Island, NY elder law and estate planning firm that has been helping clients with incapacity planning for more than a decade. We understand how stressful and frightening it is to think about a day when you become unable to act on your own, and we make the process of planning for this uncertainty easier. Give us a call today to learn how we can help you and to get answers to key questions including:

• What is incapacity planning?
• When should I create a plan for incapacity?
• How can a Long Island, NY incapacity planning lawyer help me?

What is Incapacity Planning?

Incapacity planning refers to the use of legal tools to help you to develop a framework for what happens if you become incapacitated. Plans usually include:

•  A durable power of attorney, which allows you to name an agent who can make choices on your behalf and who can manage your assets and affairs if you are not able to act or speak on your own.
• A healthcare power of attorney, which allows you to name an agent who makes medical choices for you regarding what kinds of care you should get and what treatment protocols are best.
• A living will, which allows you to specify in advance what kinds of emergency medical treatments you receive and under what circumstances.

Incapacity planning can be about much more than just creating documents to tell your loved ones what decisions you want made and who should make them. Asset protection can also be a key part of incapacity planning.

If you become sick or injured and cannot care for yourself or speak for yourself, you may need round-the-clock care. This often means assisted living care in a nursing facility, which can be very expensive. If you have worked with your elder law attorney to create a Medicaid plan as part of your incapacity planning, you can protect your assets while ensuring it is possible to get the care that you need.

When Should I Create a Plan for Incapacity?

Many different illnesses and injuries could leave you incapacitated. Many of the illnesses, like a stroke or dementia, can become more likely as you age. As a result, people who are getting older and who are thinking ahead about end-of-life issues will incorporate incapacity planning into their estate planning process.

Unfortunately, tragedy does not have an age limit and accidents or illnesses can strike at any time. You never know what tomorrow will bring, so incapacity planning today will ensure that you have a plan in place even if the unthinkable happens.

You do not want to leave your loved ones in a position where they have to make a heartbreaking medical decision without knowing your wishes, or where they have to go to court to seek guardianship to try to manage your affairs at the same time as they are coping with your illness. This means you should create a plan for incapacity now, so you and your family are protected.

How Can a Long Island Incapacity Planning Lawyer Help?

A Long Island incapacity lawyer at Eghrari Law Firm provides representation and advice to clients during the incapacity planning process. Whether you want to create a comprehensive estate plan or are simply hoping to plan ahead in case incapacity happens, our legal team is here and ready to provide an approach personalized to meet your needs. To learn more, give us a call today.