My loved one is too disabled to manage his life; what can I do? |
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 Can I use her estate plan to help manage her life? |
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Many people prepare estate plans which allow trusted individuals to take charge of their affairs when they are no longer able to do so. Most living trusts contain provisions for the appointment of a successor trustee in the event of incapacity. Likewise, a power of attorney is commonly used for estate planning purposes authorizes an attorney-in-fact (or agent) to act only when the person who signed it is incapacitated. The specifics about whether you can exercise legal control over a loved one’s affairs after incapacity, and how you exercise that authority, depend on the terms of the particular estate planning document. For instance, some estate planning documents require a medical opinion from two doctors. Others estate planning documents require that the drafter be deemed incompetent by a court. The parties can also use a resignation and appointment procedure if the elderly person will consent. Estate planning documents also usually designate appropriate agents in order of priority. Thus you may not be able to act unless you have been designated by your loved one to hold a position of authority. We have substantial experience helping people manage the care transition and would be happy to help guide you on the best way to manage the transition. |
| What if my loved one has no estate plan? |
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| Can I use a conservatorship to manage his situation? |
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| My loved one is being victimized; what can I do? |
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| My loved one is in the hospital and I need to prepare for their death? |
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