Officiallythick

Who Needs an Incapacity Plan?

Posted on 09 Jun 2011 by admin | Filled under: trademarks

You're driving to work one morning. The sun's out, traffic is light, and you're taking this time to review your mental to-do list. Suddenly, a truck runs a red light, slams into you, and … that's the last thing you remember. You survive the crash, but you've sustained brain injuries -injuries severe enough that you need surgery and extensive rehabilitation.

Amid the chaos, your wife discovers that she only has access to the accounts that are in your joint names. Those accounts that are only in your name are off-limits to her, which cripples your family finances until she can go to court and be appointed your conservator in order to have access to all of your accounts and handle your money on your behalf.

This stressful and complicated scenario can easily be avoided. Incapacity planning is not just for the elderly. Situations arise every day that render young, healthy people incapable handling their own affairs. By putting a plan in place ahead of time, you will effectively reduce stress, worry, and expense for your loved ones while simultaneously ensuring that your wishes are honored if something happens to you.

There are multiple options to help achieve this outcome. For example, with a Revocable Living Trust, you can eliminate the need for a guardian or conservator by appointing a disability trustee to manage your finances and property in the event of your incapacity. With an Advance Healthcare Directive, you can give your doctors instructions as to what types of treatment you do or don't want if you're gravely ill or injured. And with a Durable Healthcare Power of Attorney, you can appoint an agent to make healthcare decisions for you if you can't do it yourself.