Planning for Incapacity

Texas Probate and Estate Planning  Attorney

Clausell Law Firm, PLLC firmly believes that a person has the right to control his or her own life. One of those rights should be to choose who would make decisions for you if you become incapacitated. This also includes how your affairs will be administered. Although none of us desire to be unable to handle our own affairs, illness and accidents do happen. A competent Texas estate planning lawyer can work with you towards the goal of having your affairs planned out and in order, should you become incapacitated.

There are two main areas of concern if a person becomes incapacitated. The first is how the health care of the individual will be provided for. The second is how the estate of the individual will be managed. With proper planning, you can direct who will manage your financial affairs, how those affairs will be managed, and how health care is to be taken care of. There are several key tools that Clausell Law Firm, PLLC can use to assist your planning. The end result that we strive for is complete planning that takes in all aspects of your life should you become incapacitated. It may give you and your loved ones peace of mind knowing that all affairs will be competently taken care of.

Incapacity Planning Tools

A principle tool that can be used for incapacity planning is a trust. This trust can specify your wishes regarding the management of your assets during your lifetime and after you are deceased. Your property will be handled according to your directions. If you should recover, you can once again assume control of the trust assets. A revocable trust allows you to change or terminate the trust during your lifetime, once you are able to do so. Another powerful tool is a power of attorney, which appoints someone to act for you or on your behalf. Health care decisions can be made using a properly constructed power of attorney. There are many other legal options available to you when planning for incapacity. If you get in touch with us, we are available to answer any question you may have in this area.
There are many legal issues that you and Clausell Law Firm, PLLC can take up when doing complete planning for incapacity, such as:

  • The distribution of your assets after death
  • How to preserve the family assets and ensure that loved ones are properly cared for financially
  • The use of Medicare or Supplemental Security Income (SSI) if that is applicable to your situation
  • How long term medical care will be paid for, such as the use of private insurance and other options
  • Who you want to manage your financial and health affairs

There is no one correct answer for all individuals when it comes to estate planning. We focus is to give you customized care that fits your needs and your wishes.