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 Financial Powers of Attorney, Health Care Powers of Attorney, Living Wills, Advance Health Care Directives, or Guardianships/Conservatorships.
What is a Guardianship or Conservatorship?
Guardianship is a court-supervised proceeding which names an individual or entity to manage the affairs of an incapacitated person. A Guardianship may include the duty to care for the incapacitated person. Conservatorship is a court-supervised proceeding which names an individual or entity to manage the financial affairs of an 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 or Conservatorship proceeding.