Thinking about becoming incapacitated is daunting; however, planning for that possibility is essential to estate planning. Incapacity planning will protect your well-being and assets and prevent the court from intruding on your family’s privacy in an emergency.
At E.A. Goodman Law, LLC, our elder law and estate planning attorneys offer compassionate and personalized service to assist you during challenging times.
When you reach out to us, we take the time to build a relationship with you, comprehend your healthcare worries, and assist you in creating vital incapacity planning documents, including:
- Durable Power of Attorney
- Advanced Directive for Healthcare (healthcare proxy)
- Living Will
Our legal team is renowned for guiding clients through their most challenging situations and prioritizing their best interests above all else.
What is a Durable Power of Attorney?
A Durable Power of Attorney is a crucial legal tool granting someone you trust, like a family member or close friend, the authority to manage your financial matters if you cannot do so yourself. This trusted individual, known as your “attorney-in-fact,” handles tasks such as bill payments, property management, and investment oversight on your behalf.
Typically, two types of durable powers of attorney are “present” and “springing.” With a present durable power of attorney, your attorney-in-fact immediately gains control.
Conversely, a springing or future durable power of attorney only becomes effective upon your incapacity, which a doctor must verify.
Failing to establish a durable power of attorney may result in your loved ones seeking court approval to manage your affairs. This process is time-consuming and entails expensive court and attorney fees. By having a durable power of attorney in place, you can rest assured knowing that your loved ones won’t have to navigate the complexities of the court system to assist you during times of incapacity.
What is a Health Care Proxy?
A Health Care Proxy, a durable power of attorney for healthcare, is a crucial component of advanced medical planning. By appointing a trusted family member or friend as your healthcare agent, you grant them the authority to make medical decisions if you cannot communicate your preferences. Your chosen proxy collaborates with your healthcare providers to ensure your medical treatment aligns with your wishes, whether it involves routine care or critical decisions about life-saving procedures.
What is a Living Will?
A Living Will complements your health care proxy by outlining your preferences regarding end-of-life medical care. This advance directive specifies the types of treatments you wish to receive or have withheld if you’re facing a terminal illness and can’t communicate your wishes. This document provides clarity and guidance to your loved ones and healthcare team during challenging times by detailing your preferences regarding interventions like ventilators or feeding tubes.
Other Important Healthcare Directives for Incapacity Planning
In addition to appointing a healthcare proxy and drafting a living will, there are other essential healthcare directives to consider for incapacity planning. One such directive is a Do-Not-Resuscitate (DNR) order, which specifies your preference to forgo extraordinary life-prolonging measures in critical illness situations. This order informs medical professionals and emergency responders not to perform cardiopulmonary resuscitation (CPR) in a medical emergency.
Furthermore, ensuring that your healthcare providers and loved ones have access to your medical records and history is crucial. Completing a HIPAA authorization form is essential to facilitate this, as mandated by the Health Insurance Portability and Accountability Act (HIPAA). This document grants permission for designated individuals to access your medical information, enabling them to make informed decisions about your care during times of incapacity.
Talk To A Compassionate Incapacity Planning Attorney Today
Ensure your wishes are honored by consulting with a compassionate incapacity planning attorney today. Without a proper plan, the New Jersey Surrogate Court may designate decision-makers who may not align with your preferences. Incapacity planning is crucial for safeguarding you and your loved ones, and E.A. Goodman Law supports you at every step.
Our dedicated team will collaborate closely with you to draft and execute the necessary incapacity planning documents. Rest assured, knowing that your chosen representatives will manage your financial affairs and medical care according to your wishes if you cannot do so yourself. Don’t wait until it’s too late—reach out to our office today to schedule a consultation with our experienced elder law and estate planning attorneys. Your peace of mind is our priority.