Juila G. Benkoski
Attorney,Credentialed Distinguished Mediator,
Your estate planning should thoroughly address disability or incapacity planning. When a person becomes disabled or incapacitated, he or she is often unable to make personal and/or financial decisions. If a person cannot make these decisions, someone must have the legal authority to do so for you.
If no planning has taken place, the Law Office of Julia Benkoski can assist families of a disabled person by applying to the court for appointment of a guardian. A guardian can be appointed to make either medical decisions, financial decisions, or both.
While the guardianship process is available for individuals who have failed to properly plan for disability, we would recommend that at a minimum, you need broad powers of attorney that will allow agents to handle all of your property if you become disabled, as well as the appointment of a decision-maker for health care decisions. Alternatively, a fully funded revocable trust can ensure that you and your property will be cared for as you desire, pursuant to the highest duty under the law — that of a trustee.