Incapacity planning is a critical part of estate planning that ensures your financial and healthcare decisions are managed according to your wishes if you become unable to make decisions for yourself. Life can be unpredictable, and incapacity planning provides peace of mind by preparing for unforeseen circumstances such as illness, injury, or cognitive decline.

At John D. Laughton, A Professional Law Corporation, we provide legal assistance to the Monterey, California public, helping individuals and families create comprehensive incapacity plans tailored to their unique needs.

Why Is Incapacity Planning Important?

Without a proper incapacity plan in place, your loved ones may face legal challenges in managing your affairs, and decisions about your health or finances may not align with your preferences. Incapacity planning ensures that:

• Your healthcare choices are respected.
• Trusted individuals can manage your finances.
• Expensive and time-consuming court processes, such as guardianship or conservatorship, can be avoided.

Key Components of an Incapacity Plan

1. Durable Power of Attorney

• A durable power of attorney allows you to designate someone you trust to manage your financial affairs if you are unable to do so. This can include paying bills, managing investments, or handling real estate transactions.

1. Advance Healthcare Directive

• Also known as a living will, this document outlines your medical preferences, such as life-sustaining treatments or organ donation. It also allows you to appoint a healthcare agent to make decisions on your behalf.

1. HIPAA Authorization

• This document permits your healthcare providers to share medical information with your designated agents, ensuring they have the necessary information to make informed decisions.

1. Revocable Living Trust

• A living trust not only helps avoid probate but also ensures that a successor trustee can step in to manage your assets if you become incapacitated.

1. Letter of Intent

• While not legally binding, a letter of intent provides detailed instructions and personal preferences for your loved ones or caretakers, offering additional guidance during challenging times.

When Should You Start Incapacity Planning?

It’s never too early to start planning. Incapacity can happen unexpectedly, and having a plan in place ensures that you and your loved ones are prepared. Early planning allows you to make decisions while you are in good health and minimizes stress for your family in the future.

How We Can Help

At John D. Laughton, A Professional Law Corporation, we:

• Work with you to create durable powers of attorney and healthcare directives.
• Establish trusts to protect your assets and provide for your loved ones.
• Ensure all legal documents comply with California law.
• Provide compassionate guidance to help you make informed decisions.

Contact Us Today

Incapacity planning is a vital step in protecting your future and your family’s peace of mind. Contact John D. Laughton, A Professional Law Corporation for a consultation, and let us help you create a plan tailored to your needs. Together, we’ll ensure that your wishes are honored, no matter what the future holds.