As San Jose CA elder care attorneys, we make a point of emphasizing the importance of incapacity planning. This is because so many people fail to plan ahead for this contingency.
A lot of people fail to plan ahead for possible incapacity because they think that it is something that only happens to “the other guy.” In reality, every man and woman should take the matter seriously, because incapacity strikes a very high percentage of our nation’s elders.
People become unable to handle their own affairs due to numerous different medical conditions. This having been stated, the widespread nature of Alzheimer’s disease alone makes incapacity planning in San Jose, and anywhere else, necessary.
If you are interested in learning about Alzheimer’s disease in some detail, you may want to visit the Alzheimer’s Association website. According to the Alzheimer’s Association, upwards of 45 percent of people who are 85 years of age and older have contracted Alzheimer’s disease.
People are living longer than ever. If you reach the age of 65, it becomes likely that you will live into your 80s. Clearly, incapacity planning is relevant to everyone.
Who Would Manage My Affairs?
If you were to become incapacitated as a senior citizen without any type of a plan in place, the court could be petitioned to appoint a conservator to handle your personal, financial, and health care choices.
Most people would rather make this decision on their own. There is no guarantee that the conservator that is chosen by the court would be consistent with your own preferred representative if you were capable of making sound decisions.
This is where incapacity planning comes in. In San Jose California, incapacity planning is typically going to involve the execution of legally binding documents called durable powers of attorney. With these devices, you empower agents or attorneys-in-fact who would be able to make decisions on your behalf if you were to become incapacitated.
When you record your own choices with regard to potential future decision-makers, there is no need for a conservatorship hearing. The representatives that you selected would be empowered to handle your affairs.
Incapacity planning in San Jose is an absolute necessity. If you would like to speak with a licensed elder care attorney about incapacity planning and other legal matters that are of interest to senior citizens, we invite you to contact our firm to schedule a free consultation.
We have excellent attorneys, geriatric care professionals, and support staff on our team, and we would be more than glad to assist you with your incapacity planning efforts.