Do you know what will happen to you and your family if you suffer a serious illness or get injured unexpectedly and become incapacitated? Far too many people answer no to this important question. If you do not have an advanced plan in place for incapacity, you can put yourself and your family at risk.
There are legal tools in Maryland to help you plan ahead in case the worst happens. Sinclair Prosser Gasior will teach you how to use those legal tools to protect your assets, ensure you get healthcare services only if you need them, and provide protection for your loved ones. Give us a call at 410-573-4818 or 301-970-8080 for help with the creation of a personalized incapacity plan in Annapolis, Bowie, Millersville, Waldorf and surrounding locations. We can also provide you with answers to questions about incapacity planning such as:
- When should an incapacity plan be created?
- What is included in a Maryland incapacity plan?
- How can an Maryland incapacity planning lawyer help me?
When Should an Incapacity Plan Be Created?
The creation of an incapacity plan should occur as soon as you are 18 years of age and able to give someone legal authority to manage your assets and to make your healthcare choices in case something happens to you.
No one ever likes to think about young people suffering an injury or becoming very ill and not being able to communicate their preferences. If you have not made plans in advance for this tragic situation, however, it could be unclear who is to make medical choices for you and your family could be forced to initiate guardianship proceedings in court just to be able to take control of your assets and your property.
If you do not already have an incapacity plan, do not wait until it is too late. Contact an attorney today to create your personalized plan. You need to do this both for the protection of your property and to ensure you avoid unwanted medical decisions or get the care you desire in a medical emergency.
What is Included in a Maryland Incapacity Plan?
An incapacity plan should include provisions both for the care of your property and for the care of your body. Depending upon your situation, your plan could include:
- Creating a living will and/or other advanced directives for healthcare. You could create a Do Not Resuscitate (DNR) so extraordinary means are not used to bring you back to life after a serious medical emergency. You could specify whether you want a feeding tube or artificial hydration used, whether you wish to be kept alive by machines, and under what circumstances you would want treatment for a terminal illness to stop. By making these choices in advance, you spare your family from having to decide on personal end-of-life issues.
- Creating a power of attorney. With a power of attorney, you name an agent and give him authority to act for you. You need to make sure your power of attorney is durable so it lasts when you become incapacitated. If you do not want the authority transferred until incapacity, you can make your power of attorney a springing power of attorney.
- Naming a healthcare proxy. You should choose who is going to be asked for permission to provide treatments and who will make your medical choices for you in the event something happens to you and you cannot communicate. Your healthcare proxy will express your wishes on all issues not addressed in your advanced directives.
- Creating living trusts. Living trusts allow for a backup trustee to be named. This person will take over the management of trust assets if you become unable to manage them due to incapacity.
These are just some of the key issues an Maryland incapacity planning lawyer can help you to address. Your attorney can also explore other steps you should take, like creating a Medicaid plan so you can get nursing home care if a disabling injury or illness leaves you unable to care for yourself.
How can a Maryland Incapacity Planning Lawyer Help?
With help from Sinclair Prosser Gasior, you can spare your family painful choices, spare yourself from living with no quality of life, and ensure that your assets are kept safe even if something happens to you. We provide comprehensive incapacity planning assistance to clients in Annapolis, Bowie, Millersville, Waldorf and surrounding areas in Maryland, and we are ready to work with you today to create a plan in case your family is faced with tragedy. To learn more about the assistance we offer, contact us online or give us a call at 410-573-4818 or 301-970-8080.
