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Do Wills Cover Incapacity Planning?

Posted by: on Fri, May 07, 2021

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Do you require the services of a Las Vegas Estate Planning Attorney for incapacity planning? If so, consider Albright Stoddard Warnick & Albright.

Albright, Stoddard, Warnick & Albright has been serving the Las Vegas area since 1966. They are Nevada lawyers who understand and know how to practice the law. With a combined experience spanning decades, their smaller size allows them to offer better service and rates to their clients. Clients that have paid hefty fees to a prominent Estate Planning Attorney in Las Vegas only to have their legal matters handled by a junior associate can take comfort in the fact that our youngest Las Vegas Estate Planning Lawyer has been practicing law for over ten years.

If you live in the southern Nevada area and require the services of a Las Vegas Will Attorney, Albright, Stoddard, Warnick & Albright can help you arrange your will along with ensuring you are protected from possible incapacity.

What Is Incapacity Planning?

Incapacity planning is intended to ease the burden on family and loved ones in the event of incapacity. Planning allows you to take control of the situation now during times of good health, to make your wishes clear, and to ensure your desires are fulfilled. Incapacity scenarios can range from temporary, such as injuries sustained in a car accident, to permanent, such as Alzheimer’s and dementia.

What Does an Incapacity Plan Cover?

A will does not cover incapacity planning. A will is an essential part of an effective estate plan. But a will does not go into effect until after death. So, if the person signing the will suffers incapacitation, a will does not have provisions allowing for this scenario. That makes incapacity planning a vital part of an effective estate plan.

Without this plan, the outcome will likely be a guardianship proceeding where a judge will decide who will make financial and medical decisions on your behalf. Guardianships are time-consuming, expensive, and intrusive by nature and often requires accounting to the court on a regular basis.

By having an incapacity plan in place now with the help of a Las Vegas Will Lawyer, you can take control of the situation and decide who will make financial and medical decisions for you with specific directions based on your preferences. Here are some of the benefits of an incapacity plan.

  • Choose your own medical care – you can include an advance healthcare directive, so you identify exactly what types of medical treatment you want in certain situations.
  • Identify the decision-makers – when you plan ahead, you will not be stuck with whomever the court appoints as your guardian. You can actually appoint different individuals to oversee various health care and financial decisions based on your wishes.
  • Rapid transition is another benefit of this type of planning. There is no need for an extensive legal battle to establish guardianship. Once incapacitation has been declared, those you have appointed will have the immediate right to act on your behalf without court intervention.
  • The most significant benefit of incapacity planning is the peace of mind it brings knowing that a plan outlining your desires is in place.

How A Lawyer Can Help

With the help of a Las Vegas incapacity planning attorney, you can achieve peace of mind knowing that everything will be handled to your specifications in the event of incapacitation.

At Albright, Stoddard, Warnick & Albright, they help their clients prepare an estate plan which meets their needs. They can also prepare an incapacity plan for you to ensure that you and your loved ones will be comforted by the fact that your wishes will be carried out in the event of an accident or a serious illness.

Contact Albright, Stoddard, Warnick & Albright today to ensure your future for the benefit of yourself and your loved ones.