Those who want to be comprehensively prepared for the future should be very practical and avoid wishful thinking. If you prepare for potentially challenging situations in advance you are doing what you can to control the fallout.

With the above in mind you would do well to execute the appropriate incapacity planning documents when you are planning your estate.

There is a distinct possibility that you will suffer a period of incapacity before passing away. This sometimes happens to people who die before their time due to accidents or catastrophic illnesses.

However, it is very common among those who live to an advanced age. The Alzheimer’s Association states that around 40% of people who are at least 85 suffer from this debilitating disease that causes dementia.

People who suffer from dementia may not be able to make sound decisions, and if you were deemed incapacitated the court would have to appoint a guardian if you did not take action to name representatives to act in your behalf.

This is done through the execution of durable powers of attorney.You could execute one of these documents for health care decisions and another for financial decisions.

When it comes to the matter of health care you should also include a HIPAA release that allows a person or people of your choosing to evaluate your medical records.

If you do not have any plan in place to address possible incapacity we can help. Simply take a moment to arrange for a free consultation by clicking this link and filling in the form that you see: Free South Carolina Incapacity Planning Consultation

Kuhn & Kuhn Law Firm is a member of the American Academy of Estate Planning Attorneys.

You have to be prepared for the possibility of incapacity if you want to plan ahead for the future in a comprehensive manner. This falls into the category of those instances when you hope for the best but make sure that you are ready for any challenges that may present themselves.

There are those who don’t take incapacity planning seriously because they are under the impression that it is very unlikely that they will ever become unable to make their own decisions. But when you put the matter under a microscope you find that this is simply not the case.

The segment of the population that is at least 85 years old is growing faster than any other, and the average lifespan is 78 years but of course the longer you live the higher this average lifespan is going to be.

According to the Alzheimer’s Association, approximately 40% of people who are 85 years of age and over have contracted the disease. So it is becoming increasingly likely that you will live into your mid 80s and beyond and four out of every 10 individuals is a pretty significant ratio. Plus, Alzheimer’s is by no means the only cause of incapacity among our nation’s elders.

If you visit a good South Carolina estate planning attorney he or she will be able to assist you as you add an incapacity component to your comprehensive plan for aging. This can include durable powers of attorney and perhaps a disability trustee if you are using a revocable living trust to transfer assets. Having representatives of your own choosing in place is key, and taking action to protect yourself with the benefit of professional assistance is a relatively simple and prudent step.

Kuhn & Kuhn Law Firm is a member of the American Academy of Estate Planning Attorneys.

While it is true that taking care of the financial side of things is a big part of estate planning it is wise to see the entire picture and plan comprehensively for all the eventualities of aging.

After all, when you are taking steps to arrange for the eventual transfer of assets to your loved ones you are doing this because you care about them and want to do right by them. At the same time, there are some other things that you can do to make things easier on those that you will be leaving behind.

Along these lines you would do well to make sure that you have executed your advance health care directives. The directives that are widely recommended are a living will and a durable medical power of attorney.

Imagine being faced with the prospect of deciding whether or not you should direct doctors to discontinue artificial life support measures that are keeping a loved one alive. You may know that you would want to be allowed to pass away naturally, or you may know that you would prefer to be kept alive. But it’s not about you; you are being asked to act for someone else and this is an excruciating position to find yourself in.

This is why it is advisable to leave behind a living will that lets your family know how you would want to proceed under such a circumstance.

The durable medical power of attorney is used to name someone to make decisions in your behalf about matters that may not be addressed in the living will so there is no confusion or disagreements among your loved ones.

If you have overlooked the need for advance health care directives, the sooner you execute them the better. Right now would be a good time to take action and make an appointment to speak with a licensed South Carolina estate planning lawyer to put these important legal instruments in place.

Kuhn & Kuhn Law Firm is a member of the American Academy of Estate Planning Attorneys.

A financial power of attorney or power of attorney for healthcare can be an extremely beneficial addition to your estate plan.  Both of these documents can make a big difference in your life, if you’re ever unable to make your own decisions.

Not having a power of attorney has risks.  Take a look at some of the information below to learn more about the importance of a power of attorney.  If you become incapacitated risks are realized:

• Without a financial power of attorney, your family will have to go to court in order to get the legal authority needed to access your bank accounts and other financial information.  This can make it extremely difficult and time consuming to pay your bills and expenses.
• During the court process, your bills may go unpaid and your family may not be able to get the money that you need for your care.
• Without a power of attorney for healthcare, your family will have to go to court in order to get the legal authority needed to help make your important medical decisions regarding treatment and procedures.   This can be an extremely lengthy and costly process.
• If you don’t have a power of attorney for healthcare, you may have no control over your healthcare decisions.   This means that your wishes may not be followed.

If you have yet to create a power of attorney, now is the time to do so.  Taking the time to create both a power of attorney for healthcare and financial power of attorney can allow you to be prepared for an emergency situation.

It’s also important to make sure that your loved ones know that these documents exist! Without knowledge of a legal document’s location, it may be ineffective.

If you have additional questions or if you’d like to create a power of attorney, consult with an estate planning attorney.

Kuhn & Kuhn Law Firm is a member of the American Academy of Estate Planning Attorneys.

Have you ever consider using a power of attorney document in your estate plan?  If you have ever wanted to protect yourself in the event of a disability or terminal illness, you should consider using this document.  Whether you choose to create a financial power of attorney or a healthcare power of attorney, you may be doing yourself a great favor.

Take a look at some of the information to learn more about the use of these documents.  If you have any questions, or if you’d like to create a power of attorney, meet with an estate planning attorney.

A healthcare power of attorney…

• This document allows you to appoint an agent who will be responsible for helping to make important medical decisions regarding your health.
• Your agent will serve his or her duty if you become incapacitated and can’t make medical decisions.
• You may also choose to create a living will, which will specify the type of healthcare that you wish to receive, including discussing your treatment preferences regarding end of life measures.  Your agent must follow these wishes.
• Without a healthcare power of attorney in place, your loved ones may have to go to court in order to get court approval to help make your medical decisions.  This can be a very costly and timely process.

A financial power of attorney…

• This document allow you to appoint an agent who will be responsible for making important financial decisions.

• Your agent is able to serve once you become incapacitated; or, sooner, if you choose to have help with your finances.

• Your agent will handle a variety of responsibilities including paying your bills, accessing your money, filing and paying your taxes, and more.

• Without a financial power of attorney, your loved ones may be required to go to court in order to get the approval needed to manage your finances.  This can take time and can cost a lot of money.

If you want to always have a plan in place for the care of your finances and medical decisions, consider creating a healthcare power of attorney or a financial power of attorney.  If you have additional questions or if you’d like to create a power of attorney, consult with a qualified estate planning attorney.

Kuhn & Kuhn Law Firm is a member of the American Academy of Estate Planning Attorneys.

In the world of finances, the law, and incapacity planning, you are typically “incapacitated” if you are unable to manage your finances and day to day business affairs.  Regardless of whether you have participated in the estate planning process, incapacity planning is an important element.

If you become incapacitated for a period of time or permanently, you will need trusted helpers to act on your behalf.  If you’ve done estate planning, you get to choose your trusted helpers and give them instruction on how you want your finances and personal care managed.

If you haven’t done estate planning, the court will decide through a guardianship proceeding who will manage your finances (“guardian of the estate”) and who will arrange for and choose your personal care (“guardian of the person.”)

To avoid guardianship which is public, expensive, stressful, and time consuming, you need two agents appointed in your powers of attorney.

Part of incapacity planning is the appointment of an agent under a financial power of attorney.  A power of attorney is used if you are unable to act or if it is more convenient for someone to act on your behalf.  The agent pays bills; manages investments; deals with the mail, utility companies, the landlord, real estate, estate planning, gifts, and the like.  Power of attorney documents typically have an entire laundry list of authorized actions.

Incapacity planning also includes the appointment of an agent under a medical power of attorney.  A medical power of attorney is used to give informed consent and make medical decisions if you are unable to make those medical decisions yourself.  The medical power of attorney does not financial decisions other than the authorization of medical care (and medical care costs money.)

If you have any questions about incapacity planning, consult with a qualified estate planning attorney.

Kuhn & Kuhn Law Firm is a member of the American Academy of Estate Planning Attorneys.