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Don't Wait Too Long For Incapacity

By Christopher Twining

Don't wait till its too late to do something about planning for incapacity. The population is aging and more and more Californians are going to be facing some sort of incapacity.

Recently I have encountered multiple situations where I get a call from a loved one, friend or neighbor concerned about the well being of an incapacitated senior who is now hospitalized. Unfortunately too many people have never planned at all for a time when they may still be alive but unable to manage their financial or other affairs.

By the time you reach the hospital it will be too late. It is best to plan while you are still able to.

With a properly drafted and executed Durable Power of Attorney for Finances and a properly drafted and executed Advanced Health Care Directive you can prevent the headache that will befall your loved ones if you are ever incapacitated.

Executing a Durable Power of Attorney for Finances and an Advanced Health Care Directive can save your estate potentially tens of thousands of dollars. If you do not have a functioning durable power of attorney and/or advanced health care directive, your well being will be managed by a Superior Court Probate Department instead of your loved ones. The normal route in this situation is a Conservatorship of the Estate and/or person. A conservatorship of the estate or person is a costly process which requires anyone stepping into the shoes of the conservator (the person looking after the person no longer able to handle their affairs) will be required to undergo an extensive background check and post a bond with the court. Additionally there will be attorney's fees, court filing fees, and a fee for a court investigator. This can add up to tens of thousands per year of a conservatorship. Having an attorney draft these documents will most likely cost a few hundred dollars.

Of course you can go to Nolo, legalzoom or a "We the people" store to execute a statutory version of these forms. However, only an attorney can advise you about how to get people to honor these documents and only an attorney can advise you as to the advantages and disadvantages of various clauses and help you customize these documents. The bottom line is a financial institution or bank etc is much more likely to accept an attorney drafted power of attorney than a statutory form. They are also much more comfortable when an attorney has been a party to the document.

About the Author:

About the law offices of Christopher R. Twining
Christopher R. Twining, Attorney at Law, based in the Westwood Neighborhood of Los Angeles is an innovative estate planning, probate & trust administration, and
elder law attorney, who offers in home services for busy and movement challenged clients. The Law Office of Christopher R. Twining serves the cities of Los Angeles, Santa Monica, Culver City, Beverly Hills, West Hollywood, Pasadena, Burbank and the neighborhoods of West Los Angeles, Westwood, Brentwood, Bel-Air, Pacific Palisades, Palms, Pico-Robertson and Encino. Dedicated to helping individuals and couples prepare comprehensive estate plans according to their wishes; he offers them these services at an affordable price, in the relaxed comfort of their homes.

Christopher R. Twining
Law offices of Christopher R. Twining
1440 Veteran Avenue, Suite 509
Los Angeles, California 90024                             

(310) 492-5990 Fax (310) 775 - 9774

http://www.twininglaw.com

Additional Information and webpage by Paul Susic MA Licensed Psychologist Ph.D. Candidate                                      

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