Brooklyn New York Incapacity Planning
If you get involved in a car crash tomorrow, who would take care of your children? What would happen to your financial responsibilities if you learned that you are suffering from Alzheimer’s disease? Would someone be able to step in and take over managing your affairs if you became incapacitated?
Incapacity planning is all about answering these types of questions. When you look ahead and prepare for the possibility of incapacitation, you allow yourself the peace of mind in knowing that, should the worst happen, you and your family won’t be left flat-footed. A good incapacity plan will consider not only the potential causes and outcomes of your incapacitation, but will also consider the legal, medical, and personal issues involved.
Brooklyn New York Incapacity Planning Devices
Your incapacity plan will require you to create various tools. Although the tools must meet specific legal standards, the choices you make in those devices are entirely up to you. When you create an incapacity plan in Brooklyn New York, you have to make sure that you create the appropriate tools to ensure that your wishes will be honored, should you one day lose the ability to make or communicate choices. Although plans differ depending on specific circumstances and desires, your plan will probably include one or more of the following tools:
- Advance Medical Directives. Would you want your doctors to keep you on life support if you became brain dead? What if you were in a persistent vegetative state? How about a coma? If you haven’t created advance medical directives, your doctors may not know the kinds of treatment you would or would not want to receive if you are incapacitated and under their care. Advance directives, such as a living will and health care proxy, give you the ability to make your choices known. They also allow you to name a representative who can make decisions for you when you cannot.
- Powers of Attorney. Through a power of attorney you can choose an agent to represent your interests. Not only can you can use this tool as a way to delegate authority to someone else while you are still capable, you can also use a power of attorney to allow someone to step in to manage your affairs should you become incapacitated. Powers of attorney, like other legal documents, have to meet specific legal requirements as mandated by New York law.
Developing a Personal Plan
Knowing what options are available to you is only the first step in developing a personalized incapacity plan. Making the difficult decisions and ensuring that those choices are protected is something you should only do after consulting with an experienced Brooklyn estate planning attorney. If you haven’t created an incapacity plan, schedule an appointment to speak with us at the Minko Law Office. At our law firm, we help clients plan for what lies ahead.