Millions of Americans, and their families, are affected by the devastating consequences of Alzheimer’s disease and dementia. As the population gets older, the number of people who are affected by Alzheimer’s disease continues to grow. When you or a loved one learns that you have Alzheimer’s disease, the realization can often prompt you to ask yourself a lot of questions. This is especially true if you haven’t taken any steps towards creating an estate plan. While Alzheimer’s disease is a … [Read more...] about Making an Estate Plan in the Face of Alzheimer’s Disease
Incapacity Planning
Who Needs to Worry About Incapacity Planning?
Estate planning is about anticipating the things that will happen, as well as planning for events that might happen, such as incapacity. But what is incapacity? How do you plan for it, and who needs to worry about? In general, every capable adult should think about creating an incapacity plan that will apply should you one day lose your ability to make your own choices. In practice, most people who become incapacitated are elderly, though it can happen at any age. But whether you are near … [Read more...] about Who Needs to Worry About Incapacity Planning?
Family Benefits of Incapacity Planning
When we talk to clients about incapacity planning, we often highlight the benefits that developing a plan will have for your family. The idea of losing your ability to communicate is never a pleasant thought, but understanding the practical realities that can arise after this occurs is often enough to cause people to develop a plan. If you have yet to begin incapacity planning, you might want to consider what will happen to you and your family should you lose your ability to make … [Read more...] about Family Benefits of Incapacity Planning
Incapacity Planning in Rochester and the Finger Lakes Tip Sheet
For individuals and families in the Rochester and Finger Lakes areas of New York, having an incapacity plan is absolutely essential. Regardless of whether you are a new adult who is starting out in life, a recently married couple planning on having children, or an older person nearing retirement, creating the specific legal tools that address the possibility that you might one day become incapacitated is something you should not delay. To help give you a better understanding of what incapacity … [Read more...] about Incapacity Planning in Rochester and the Finger Lakes Tip Sheet
So You’ve Decided to Change Your Advance Directives
If you live in New York and have an advance directive, you can always choose to modify your directive as long as you remain capable. Advance directives are not set in stone, and taking the time to regularly review them or modify them is something that is in your best interests. All of us experience changes in our lives, and sometimes the decisions we’ve made in the past are not the same choices we would make today. If, after reviewing your directives, you decide that a change is in order, you … [Read more...] about So You’ve Decided to Change Your Advance Directives
The Estate Plan You Already Have
Even though you may not realize it, you already have an estate, and you already have an estate plan. If you take no estate planning actions at all, never talk to an estate planning lawyer, or never create any type of document, you still leave behind property after you die that has to be transferred to new owners. You also leave behind choices that have to be made, problems that have to be dealt with, and many other issues that will probably fall to your family to take care of. In short, your … [Read more...] about The Estate Plan You Already Have
Power of Attorney a Vital Piece of Every Incapacity Plan
Incapacity planning and estate planning go hand-in-hand, especially when it comes to power of attorney. Everyone in the state of New York who wants to create an estate plan and be prepared for the possibility that you might one day become incapacitated must create one or more powers of attorney. These documents, regardless of your age, sex, or personal situation, will allow you to protect yourself and your interests should something happen to you. Here are two reasons why every adult in New York … [Read more...] about Power of Attorney a Vital Piece of Every Incapacity Plan
The Hardest Conversation to Have
Of all the conversations you might have in your life, one of the more difficult involves discussing the question of death and dying. We all know that we only have a limited amount of time in our lives, but having a conversation about mortality is something we all shy away from. Facing the difficult questions, whether they are legal, religious, ethical, or any other, is not something we look forward to doing. Yet having such conversations is essential for any adult. The Questions at the Heart of … [Read more...] about The Hardest Conversation to Have
Brain Death, Advance Directives, and Medical Choices
The recent cases of Jahi McMath and Marlise Munoz have caused many people to ask themselves questions about their own medical choices. The cases have both involved brain death and have resulted in legal battles over medical care and decision-making ability. While these cases might be difficult to discuss, they can be useful to those creating estate or incapacity plans. To make informed medical decisions you need to have a good idea of what terms like brain death mean, and why they’re … [Read more...] about Brain Death, Advance Directives, and Medical Choices
Court Orders Removal of Brain-Dead Texas Woman From Life Support
Several weeks ago we told you about Marlise Munoz, a pregnant Texas woman who was left brain-dead after suffering a pulmonary embolism. Her husband, Eric Munoz, has, ever since his wife was admitted to a Fort Worth-area hospital, been fighting to have her removed from life support because he says she would not have wanted it. What stood in his way, however, was the Texas law preventing Marlise’s doctors from removing the pregnant patient from life-sustaining treatments even if the woman wished … [Read more...] about Court Orders Removal of Brain-Dead Texas Woman From Life Support
