The Importance of Planning for IncapacityCharleston Estate Planning

Accidents and injuries are rarely predictable and should never be expected, but they are almost always inevitable. A client can fortunately create some safeguards in the management of his or her estate by planning for incapacity. A revocable living trust can create added provisions to account for planning for incapacity by granting the durable power of attorney for specific property and estate matters. Through this contingent plan, a client can appoint a trusted friend or loved one to manage their estate responsibilities. Otherwise, the client will typically have to undergo the probate process. The probate court will then appoint temporary guardianship in a manner that may not necessarily align with the client’s best interests or wishes.

Instead of undergoing a potentially adverse probate process, a client can instead prepare for such circumstances with a written plan for incapacity. In doing so, the client manages to protect personal interests while also empowering the appointed guardian. A plan for incapacity will not only give guidelines to the appointed guardian, but it will also enable them to make wise estate planning decision without worry of going against the goals of the incapacitated client.

Our Charleston Estate Planning attorneys provide the legal representation for individuals, professionals and families to establish the necessary guardianship provisions, client wishes, and healthcare directives for planning for incapacity.
Another important benefit of planning for incapacity is defining a clear, documented understanding of incapacity. The client can outline clear boundaries for what health conditions and mental states qualify as incapacity to ensure that a third party does strip the client of estate planning access on the ground of incapacity. Planning for incapacity also ensures the proper healthcare measures are provided should the client be in need of professional medical help. By planning for incapacity, the client can be certain to receive the proper medical assistance that he or she deserves. Our Charleston estate planning attorneys provide the legal counsel for individuals, professional and families to best plan for incapacity.