Disability Planning

Everyone's estate plan should include disability planning. Disability can strike suddenly and unpredictably, such as a result of an automobile accident. Or it can occur slowly, as in dementia or various disabling diseases. Whatever the cause, your estate planning documents need to be able to help even though you are incapacitated.

Unfortunately, when people do not plan for disability, court proceedings are often necessary to establish a guardianship of the person and the person's estate. These proceedings can be expensive and time-consuming because they require court supervision, annual reports, and petitions for authority. To help avoid guardianships, we recommend that all estate plans include planning for disability. At a minimum this means preparing Advance Directives (health care power of attorney and living will) and a durable power of attorney for finances.)

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