My loved one is too disabled to manage his life; what can I do?
 
 
   
Whether or not an impaired individual can create an estate plan depends largely on their type and level of impairment. In order to make testamentary decisions, a person generally needs to be able to articulate (a) who they are, (b) the nature of their assets, and (c) what they would like to do with their assets. If the person is making decisions about managing their affairs before death, the impaired individual also needs to be able to appreciate the potential consequences of his actions. The best way to determine whether or not an individual is capable of creating an estate plan is for the impaired person to privately consult an attorney and possibly a medical professional.

If the impaired person no longer has the cognitive ability to create an estate plan, there is a procedure where the probate court can authorize an estate plan after notice to all interested parties and compliance with strict procedural guidelines.

We have assisted scores of families in their struggle to help an impaired individual manage their affairs. We can evaluate your family and recommend a strategy to protect your family and ease the challenges associated with declining faculties.