Sarasota Incapacity Planning Attorneys
Assisting Clients in Planning to Protect Their Best Interests in the Future
When you consider an estate plan, you might first think of a will and similar documents that instruct what will happen to your estate after you pass away and who will be in charge of administering your estate. However, have you considered who might take control of your affairs if you suddenly become incapacitated due to illness or injury? Your will does not go into effect until after your death, so this document will not help if you are in a coma or otherwise unable to handle your affairs.
Incapacity planning is a critical yet commonly overlooked part of estate planning. Inverso Law Group helps with all aspects of incapacity planning, and we can help you draft the necessary documents to protect your well-being and your affairs. If you do not have an incapacity plan, contact our office in Sarasota directly right away.
Incapacity Planning Documents
There are several documents our attorney can draft to plan for an illness or injury that affects your mental capacity or renders you unconscious. These documents include:
- Durable power of attorney
- Advanced directive
- Designation of a healthcare surrogate
- Living will
These documents state who will be in charge of your financial and legal affairs, and who will be responsible for making medical and personal care decisions for you.
What Happens if You Do Not Have a Plan in Place?
Illnesses and injuries can happen whether or not you have planned for this situation. If you suddenly become temporarily or permanently incapacitated and you have not designated trusted individuals to step in, what will happen?
Under Florida law, the court will need to rule that you are, in fact, incapacitated. Once this happens, the court will appoint someone to become your legal guardian. However, this might not be the person you would trust with your affairs. For example, just because you have an older sibling who is willing to serve as your guardian does not mean your sibling always make responsible choices when it comes to finances.
In addition, it is common for family members to dispute who should serve as guardian. If you have parents, adult siblings, and a significant other all wanting to be your guardian, it can cause stress and conflict while the court decides who should be appointed. You can save your family unnecessary stress by having an incapacity plan in place.
Contact a Sarasota Incapacity Planning Lawyer to Discuss Your Options Today
At Inverso Law Group, we know the importance of planning for the future - and not only for after your death. Our incapacity planning attorney has seen firsthand the benefits of a properly executed and considered incapacity plan, and our goal is to help protect your interests in case anything should happen to you. If you would like to discuss your options for drafting incapacity planning documents, call 941-926-6039 or contact us online for a consultation today.