Estate Planning Attorneys

Incapacity Planning

The incapacity of a loved one is often more traumatic for a family than the expected passing of an older parent. This emotionally challenging time is made worse by feelings of denial, anger, and resentment. We believe that it is very important for families to come together during this period.  The incapacity planning we do at M&B makes for the smoothest transition possible.

The incapacity planning solutions that we use for each family are unique and individualized to your family structure, family dynamic, and wishes.

Call 503-641-6262 to schedule a complimentary consultation to discuss your incapacity planning and health care directive needs.

Incapacity Planning Tools:

  • Advanced Directives and Health Care Powers of Attorney to allow doctors to listen to your loved ones regarding whether you would like tube feeding and/or life support if you are near death.
  • HIPAA Authorizations allowing your doctor to share your medical information with your loved ones.  Without authorization, your medical information is confidential and your doctor cannot share it, even with your spouse. 
  • Powers of Attorney for Property as a safety net and back up plan for assets not put in trust. Over the last decade it has become harder to use powers of attorney to manage the assets of an incapacitated person. Banks and others increasingly refuse to accept them and there is little you can do to challenge their refusal. Therefore, it is usually better to create a trust and name successor trustees. However, as a back up plan, and for clients without trusts, we regularly prepare Powers of Attorney that are as detailed and specific as possible.
  • Name successor trustees of your trust to allow for the seamless and legally enforceable transition of the management of your assets from you to a loved-one when you become incapacitated.
  • Incapacity Panels. If you become incapacitated and don’t have an incapacity plan, your kids will have to undergo the expensive and difficult process of taking you to court to have a judge appoint them as your guardian or conservator. With an Incapacity Panel, we take that public, embarrassing, and time consuming process and turn it into a private family discussion.
  • A Family Care Agreement, where families come together and create a plan for how they are going to take care of an ailing family member. In Family Care Agreements we stress communication and transparency among family members so that ailing members receive the best care.

At M&B we plan for incapacity at the same level as death. Given the extended lifespans that we now enjoy, we are also unfortunately, likely to experience an increased period of physical and/or mental incapacity near the end of our lives.

For many of us, this will start with short term memory loss and then proceed into Alzheimer’s or dementia, not to mention the long list of other potential ailments that could befall us.

To help families through this period, we have created solutions to ensure that you will receive the care and support that you need during your period of incapacity, and also make the transition as smooth as possible for your loved ones.