Planning for the inevitable occurrence of your death may be the primary focus of your estate plan; although, it should not be the only focus. In fact, a well-drafted and comprehensive estate plan should help you to accomplish several related goals. One of those goals should be to plan for the possibility of becoming incapacitated. To help you better understand the need for incapacity planning, the Owings Mills incapacity planning attorneys at Gershberg & Associates, LLC have created several frequently asked questions and answers relating to incapacity planning that you may find helpful as you contemplate your own estate plan. If you have specific questions relating to incapacity planning, feel free to contact our office to schedule a consultation.
I’m still young, do I need to worry about incapacity planning?
If I become incapacitated without a plan in place, what happens to my assets?
Who will make healthcare decisions for me if I become incapacitated without a plan?
What is incapacity planning and how can it help me?
Is a Power of Attorney a useful incapacity planning tool?
How can a revocable living trust help with incapacity planning?
How can an advance directive help me with incapacity planning?
- New York Health Care Proxy. This lets you appoint a health care agent to make decisions about your health care. Two doctors are required to agree that you cannot make your own decisions for your Agent to take over.
- New York Living Will. This allows you to leave written instructions that explain your health care wishes, especially about end-of-life care. This document become effective when you are unable to make your own decisions, and your doctor confirms that you have an incurable condition.
For more information, contact the experienced Owings Mills probate attorneys at Gershberg & Associates, LLC by calling 410-654-3850 to schedule an appointment.