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DeBruyckere Law Offices, PC

Serving Southern New Hampshire & Essex Country, Massachussetts

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Home » Services » Southern NH and Essex County MA Incapacity Planning

Southern NH and Essex County MA Incapacity Planning

Who would care for you if you were to become incapacitated due to an illness or injury? Would they know where to find your insurance policies? Would they know not to buy eggs because of your allergy? Which drug store you use? Your wishes as they relate to end of life decisions? Incapacity planning addresses those questions and many more. Needless to say, it’s a significant aspect of your total estate plan and one that shouldn’t be treated as an afterthought.

Incapacity planning covers a number of dynamics depending on your specific needs:

  • Making critical financial decisions
  • Making medical decisions on your behalf – even if they’re difficult
  • Paying your monthly expenses
  • Selling property, if applicable; and more

Most of us assume that a will is all we need to cover those bases; however, it’s far more complex than that.

Depending on the needs of the individual or family, incapacity planning could include a number of planning techniques, too. A few of those include:

  • Property Powers of Attorney
  • Health Care Powers of Attorney
  • Living Wills
  • Advance Health Care Directives
  • Guardianships/Conservatorships

A property power of attorney allows you to name someone you trust to make decisions regarding any assets, finances, bank accounts, and other types of property, including real estate, you own.

By contrast, amedical power of attorney, or health care proxy, is a document that allows you to delegate another person to make health care decisions on behalf of you should be become incapacitated for any reason.

A living will is a legal document that allows you to express your wishes to your doctors if you are incapacitated. These documents allow you to outline your wishes in any number of scenarios, such as whether you want extraordinary measures taken to save your life and to what extent.

A living will is usually part of your medical power of attorney. The living will and the health care proxy together make up what’s called an “advanced health care directive.”

Guardianship and Conservatorship are used interchangeably, though both are court-supervised proceedings which name an individual or entity to manage the affairs of an incapacitated person. A guardianship may also include the duty to care for the incapacitated person.

Southern NH and Essex County MA Incapacity Planning Legal Assistance and Guidance

Our law firm helps clients in Southern NH and Essex County MA create a plan to handle their affairs in the event they become disabled, thereby avoiding the necessity of a public guardianship proceeding. We invite you to contact us today to discuss your Southern NH and Essex County MA incapacity planning needs so that you can better protect your family.

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Testimonials

I felt complete trust and confidence in Dan DeBruyckere and his staff. They have a caring, low-key approach and there is no pressure to add products to the estate plan; rather he makes me aware of changes in the law, etc. I always learn something new to assist me in our planning!

LN

Your seminar was the only seminar we attended without financial advisors wanting to invest our money instead of protecting it! The information this firm provided was easy to understand even though it is a difficult topic. Thank you for all of your help!

HR

We both felt so comfortable in they way our Estate Planning was handled. We felt like someone was watching out for our best interest. Everyone we worked with at the firm was thorough, and explained everything in a way where we could walk away feeling like everything was complete.

RS

A truly great experience all the way through. Felt like we were a part of the family! Thank you.

LW

We could not have picked a more qualified law firm. Everyone that we came in contact with made us feel at ease.

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