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Incapacity Planning
Incapacity planning ensures responsible actions.

Incapacity can result from either physical or cognitive disability. In order for another person to have legal authority to act on behalf of someone who is incapacitated, that person needs a valid power of attorney and medical directive. Incapacity planning is the establishment of those documents.

Without a durable power of attorney, no one can represent you unless a court appoints a guardian. A guardianship is a costly, time-consuming, and public court proceeding that may result in the appointment of a guardian not of one’s own choosing. In addition, your guardian may have to seek court permission to take planning steps that an appointee could implement immediately under a durable power of attorney.

A valid power of attorney and medical directive are essential for responsible adults of all ages. They provide the necessary legal direction for one’s financial, legal, and medical wishes in the event of incapacitation.

You may read more about these services and issues below. And please contact us for a consultation:

Virginia (703) 243-3200
Maryland (301) 214-2229
Washington DC (202) 223-0270


More on Powers of Attorney
Powers of attorney may be limited or general and may pertain to medical, financial, and/or legal matters.

A limited power of attorney gives someone the right to complete a specific task.
A general power of attorney is comprehensive and gives your attorney-in-fact all the powers and rights that you have yourself.

A power of attorney may also be either current or "springing." Most powers of attorney take effective immediately upon execution, even if the understanding is that they will not be used until and unless the principal becomes incapacitated. However, the document can also be written so that it does not become effective until such incapacity occurs. It is very important that the standard for determining incapacity and triggering a springing power of attorney be clearly laid out in the document.

A power of attorney allows a person you appoint, your “attorney-in-fact” or “agent” to act in your place for financial purposes when and if you ever become incapacitated. The person you choose will be able to step in and take care of your financial affairs.

In addition to power of attorney for finance it is as equally important to have both a durable general medical power of attorney and an advance medical directive (living will).

A durable medical power of attorney designates someone to make all non-terminal health care decisions for you if you are unable to do so yourself. An advance medical directive (living will) instructs your health care provider to continue or withdraw life support if you are terminally ill or in a vegetative state.

Frequently both documents are combined for ease of use to address all medical situations. The exact document or documents will depend on your state's laws and the choices you make.


Call us today for an assessment of your Life Care options

Virginia (703) 243-3200
Maryland (301) 214-2229
Washington DC (202) 223-0270

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