Incapacity Planning
What happens if a person has suddenly become incapacitated? The family will realize very quickly that it’s important to take control of that person’s financial affairs in order to pay bills and perhaps try to preserve some of the family assets from the cost of nursing home care.
However it’s not very easy to take control of a person’s financial affairs without the incapacitated person having done some legal pre-planning.
Many persons rely on the Durable Power of Attorney to be able to manage the parent’s finances in the event of incapacity. However, it is acknowledged that many banks and brokerage companies will not honor a Power of Attorney or allow you to do everything you want with it. Worse than that, most people do not discover that fact until it is too late!
The use of the living trust with respect to Incapacity Planning is acknowledged as an invaluable tool. The living trust includes the people named in advance, family members who will be able to immediately take over the management of a family member once that member has become incapacitated. The family finances will now be managed by the family in complete privacy.
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