Comprehensive estate planning for the individual, infirmed or disabled
Responsible estate planning includes more than just asset protection. It also includes people protection. Your estate plan must contain safeguards for you in the event of your sudden incapacity. Estate planning strategies can also be used for a person in your life who lacks the capacity to make decisions about his or her own safety, welfare or finances. With more than 20 years of elder law practice, Mark H. Weiss, P.C. can help. We are well-versed when it comes to legal instruments that memorialize an individual’s intentions in case of incapacity or transfer decision-making power from one individual to another, including:
Powers of attorney for a variety of circumstances
Power of attorney (POA) is essential to any estate plan. It allows an agent of your choice to act in your best interests when you are unable to. Such decision making includes day to day payment of bills, transferring property, establishing trust and applying for government benefits. Powers of attorney can be broad and permanent or limited in scope and duration. Without a POA, it may be unclear which of your loved ones should make decisions regarding your care and maintenance. This situation could devolve into a court challenge in a guardianship proceeding. Mark H. Weiss, P.C. can spare you and your loved ones that extra stress during an already anxious period. We draft POA instruments that fit your specific needs.
Durable power of attorney allows your agent to attend to every aspect of your estate, so your bills can be paid and finances managed. It is a position of fiduciary trust with strict ethical guidelines.
A healthcare proxy and living will is a separate legal document that permits your agent to make decisions regarding your medical procedures during your period of incapacity. Your proxy can approve or decline medical and surgical interventions, subject to limitations set out in your living will.
A living will specifies the medical and surgical interventions to be used to save or prolong your life should you become incapacitated. In the absence of a living will, healthcare providers will use all available means to resuscitate a patient.
Power of attorney may only be used when you are alive. After that, your estate is governed by your trust documents and your will.