Incapacity planning is a wide-ranging area of law pertaining to how you are cared for if you become unable to care for yourself. We assist clients who want to be comprehensively prepared for the eventualities of aging, and a holistic plan for aging will definitely include an incapacity component.
Campbell and Aptos California Incapacity Planning
Relevant to Everyone
Between 2000 and 2010 the fastest-growing ten-year age grouping was comprised of people who were between the ages of 85 and 94. Once you reach an advanced age, incapacity becomes a very real possibility.
There are various different causes of incapacity. Some people become physically incapable of communicating. In addition to this, there are those who cannot handle their own affairs because they suffer from dementia.
Alzheimer’s disease is the primary cause of dementia among senior citizens. The Alzheimer’s Association tells us that one out of every eight senior citizens suffers from the disease.
As you get older, it becomes more and more likely that you will contract Alzheimer’s disease. Around 45 percent of people who are at least 85 years of age have Alzheimer’s.
Who Would Handle Your Affairs?
If you were to become incapacitated, who would handle your affairs?
The state of California could be petitioned to appoint a conservator to act on your behalf if you do not have an incapacity plan in place.
Most people would prefer to choose their own representatives. You can do just that when you create your incapacity plan.
Incapacity planning involves the execution of legally binding documents called durable powers of attorney. With these devices you empower people of your own choosing to make decisions on your behalf.
You can also execute a living will, also known as an advance care directive. This is the document that is used to state your wishes regarding the possible utilization of life-sustaining measures.
A living trust can also be a valuable part of your incapacity planning. With a living trust, you designate someone to become your successor trustee in the event you become incapacitated and are no longer able to manage the valuable assets held by your living trust.
Campbell and Aptos California Incapacity Planning Consultation
Everyone should have an incapacity plan in place. If you would like to discuss the matter with a licensed attorney, our firm can help.
To request a free consultation, give us a call at (408) 356-9200 or contact us through this website.