5 Steps to Take In Planning for Incapacity
Cincinnati elder law attorneys offer you assistance in making effective use of legal tools to be prepared for whatever the future might hold. This includes taking steps to be prepared in case of incapacity.
Failing to prepare in case a physical or mental illness leaves you incapacitated could spell disaster for you and your family. Tough decisions may need to be made at the time when you are incapacitated and your family may have no authority to make them and no idea what your wishes are if you have not taken action in advance of something happening to you. Zimmer Law Firm can help you to make sure that does not happen. Cincinnati elder law attorneys at our firm can assist you in making sure you’ve taken all the steps you need to so you are as prepared as possible in case tragedy strikes.
While your incapacity plan should be personalized to you, and you should make sure to get legal help to use the right tools, there are a few common steps that most people should take when making an incapacity plan. For example, here are five steps that are typically an important part of the incapacity planning process.
1. Creating advanced directives for healthcare
In an emergency medical situation, decisions may need to be made when you’re unable to speak up about your wishes. A decision may need to be made on what types of extraordinary measures you would want to keep you alive and whether you should be kept alive via artificial means. If you want to make sure you receive care or if you wish to decline care when you won’t have a good quality of life, it is best if you have advanced directives in place. If you haven’t used tools like a living will or taken steps to name a healthcare proxy, there could be confusion over your wishes and a disagreement among your family members over who should make decisions and what those decisions should be.
2. Creating a power of attorney
You also need to address who will manage your affairs and make other decisions on your behalf, such as choices about where you’ll live and what will happen to your assets. If you use a power of attorney, you can name an agent to act on your behalf and make your decisions for you. If you do not create a power of attorney, however, your loved ones my need to go to court to have a guardian or conservator named. A person who you wouldn’t have chosen to act as your guardian or conservator could be chosen to fulfill this role, and your loved ones could also find themselves facing a stressful and expensive court process in order to get authority to act on your behalf.
3. Creating a living trust
Creating a living trust allows you to name a backup trustee who can immediately take control over trust assets. By creating a trust and giving a backup trustee authority, you can ensure that the assets held within your trust are managed by an appropriate person with the knowledge and skill to take care of property. Assets held within a living trust can also pass outside of the probate process through the faster and cheaper trust administration process so you can use this tool to provide for your loved ones if you pass away.
4. Making a Medicaid plan
When you become incapacitated, you may need nursing home care or may need long-term care provided in your home. Medicare typically won’t cover this type of care, unless you need skilled nursing care. Most people just need child custody, which isn’t paid for by Medicare or other private insurers. Medicaid pays for child custody, but only if you qualify for means-tested benefits. A Medicaid plan will allow you to get covered by Medicaid when you need care so you won’t have to impoverish yourself paying for a nursing home.
5. Researching nursing home care options
If you must go into a nursing home because of your incapacitating ailment, you want to move into a high quality care facility. It’s best if you’ve researched options before you need care so your family isn’t left scrambling to find a place for you after you suffer a medical emergency.
Getting Help from Cincinnati Elder Law Attorneys
Cincinnati elder law attorneys at Zimmer Law Firm can provide personalized advice specific to your situation so you can prepare and plan ahead in case of incapacity. Our legal team will work closely with you to determine the steps to take and to make the right use of legal tools so you and your family are as protected as possible if you get sick or hurt. To find out more about the services our firm can offer in the incapacity planning process, join us for a free seminar. You can also give us a call at 513-721-1513 at any time to get your plan started.