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.
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What is a Guardianship or Conservatorship?
Guardianship and Conservatorship are court-supervised proceedings which names an individual or entity to manage the affairs of an incapacitated person. A Guardian manages the medical affairs for an incapacitated person, and a Conservator makes financial decisions.
Our firm helps clients create a plan to handle their affairs in the event they become disabled, thereby avoiding the necessity of a public Guardianship or Conservatorship proceeding.