Most estate plans focus primarily on disposing of your assets after your passing. But planning for your incapacity should be just as important. Depending on where you are in your life, incapacity planning can ensure that both you and your loved ones are taken care of, if the unexpected happens. Here are the documents every estate plan should have to protect you during incapacity:

• A Revocable Trust typically gives you maximum flexibility on how to handle your assets in case of your incapacity. It can also dictate who can benefit from your assets (besides you) if you’re incapacitated. For example, during your incapacity, your trust can continue to support your spouse, pay for your children’s college tuition or their medical expenses, provide funds for your pets, etc.

• A Durable Power of Attorney is a document that allows another individual to make legal decisions on your behalf in case of your incapacity. Such decisions could include accessing your bank accounts, filing tax returns, gifting assets, applying for government benefits, etc.

• An Advance Health Care Directive allows a designated person to make health care decisions on your behalf, including end-of-life decisions, donation of your organs, and memorial. Family members and loved one are often left guessing about your intentions, but having your wishes in writing will ensure they are carried out.

• A HIPAA release form will allow a trusted person to have access to your medical records and to disclose them to appropriate parties. This form allows medical professionals access to pertinent medical records when making treatment decisions.

We know that incapacity can be an uncomfortable topic to discuss. Our goal is to make it easy for our clients to go through this process and provide much needed guidance. If we can be of any help to you or your loved ones, feel free to contact us.

Glendale Location

616 E. Glenoaks Boulevard, Suite 203

Glendale, CA 91207

Sherman Oaks Location

15303 Ventura Boulevard, Suite 900

Sherman Oaks, CA 91403