Hartford elder law lawyers provide help with the incapacity planning process. Making an incapacity plan is not just something that seniors should do, but is important for people of all ages. An incapacity plan helps you to specify what should happen to you, and to your property and assets, if you become sick or hurt and temporarily cannot communicate or manage your own affairs. 
Nirenstein, Horowitz & Associates will explain to you what types of legal tools can be a part of your incapacity plan and can guide you through the incapacity planning process.
Give us a call to find out what is involved in making an incapacity plan and to get your plan underway so you and your loved ones are protected in case of a medical emergency. There are many reasons why it is important to make an incapacity plan and here are five of the key benefits to this planning process.
1. Avoiding Guardianship Proceedings
Guardianship proceedings are needed so the court can appoint someone to act on your behalf if you have become incapacitated and have not made advanced plans. These proceedings can take time and cost money. They are often stressful for families. The court remains involved in monitoring the guardianship, which can also be bothersome for people who want to keep family affairs private. All of this can be avoided if you make an incapacity plan so no guardian needs to be appointed.
2. Control Over Who Manages Your Assets
You can take control over who manages assets by using a power of attorney or a living trust. You can name an agent in fact using a power of attorney or a trustee using a living trust. The attorney in fact or trustee will have a fiduciary duty to act on your behalf and manage your money and property in appropriate ways.
3. Control Over Who Makes Healthcare Decisions
In addition to naming a power of attorney to manage your property, you can also name a healthcare proxy as part of your incapacity plan. This allows you to identify in advance who should make choices on what medical care you receive. If you are in an emergency situation and you cannot consent to medical procedures, it is best for everyone if you have named the person that the doctors should consult to find out what care to provide.
4. The Opportunity to Make Advanced Medical Care Decisions
Although naming a healthcare proxy gives you a lot of control over how healthcare decisions are made when you cannot make them, you still may want more say over what happens to you in a medical emergency. You can use tools like a living will which will allow you to express your preferences on specific kinds of medical procedures you do, and don’t, want to undergo.
For example, you can specify that you don’t want a feeding tube or a ventilator to keep you alive when you are badly hurt or have an end-stage illness or you can specify that you would prefer all extraordinary measures to be used to keep you alive as long as possible.
Sparing Your Family From Difficult Decisions
If you have not expressed your preferences in advance by creating an incapacity plan, your family could fight over who should make decisions on your behalf. Your family could disagree over what you would have wanted, which can cause substantial stress for your loved ones.
Your family could also be left in a situation where they don’t know whether or not to withhold care or pull the plug on care that is keeping you alive. You don’t want your loved ones to be forced to make these kinds of painful choices for you. When you make plans in advance, you can avoid putting difficult decisions onto the shoulder’s of your loved ones.
Getting Help from an Incapacity Planning Lawyer
Nirenstein, Horowitz & Associates can provide invaluable assistance with the incapacity planning process so you can take advantage of these benefits and many more. You never know when something unexpected will happen and you’ll be left sick, hurt, or otherwise unable to communicate your wishes.
You and your family will be much better off if you have a power of attorney, advanced directives, and other necessary plans in place to control your own future, even when you no longer can act on your own. Join us for a free seminar to find out about the incapacity planning process and give us a call at 860-548-1000 or
contact us online today for personalized help making your incapacity plan.
Mr. Nirenstein is licensed to practice before the courts of the State of Connecticut and the United States District Court. He is a member of the Connecticut and Hartford County Bar Associations, and the Estate and Probate, Elder Law, Business Law and Real Estate Sections of the Connecticut Bar Association.
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