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520-529-4000

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480-480-8000

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  • Kinghorn Law, LLC

     

    Tucson Office
    3573 E. Sunrise Dr.
    Suite 209
    Tucson, AZ 85718
    520.529.4000

     

    Scottsdale Office
    7272 E. Indian School Rd.
    Suite 540
    Scottsdale, AZ 85251
    480.480.8000

Follow these Incapacity Planning Tips

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Incapacity planning is all about making sure you’re well taken care of in case you become physically or mentally incapacitated. It’s a complex process, but don’t worry, we’re here to guide you through it. Let’s explore some tips to help you navigate this important aspect of planning for the future.

First and foremost, it’s essential to understand that your incapacity plan should be tailored to your unique needs. Just like estate planning, there’s no one-size-fits-all approach. Your situation is distinct, and your plan should reflect that. Depending on your specific needs and circumstances, incapacity planning may encompass various techniques such as appropriate provisions in your living trust, healthcare powers of attorney, property powers of attorney, advanced healthcare directives, living wills, and even guardianships or conservatorships. Some people focus on one technique, while others find it necessary to implement multiple strategies to achieve their goals.

Now, let’s dive into three incapacity planning tips that you absolutely can’t afford to overlook:

  1. Start Today

One of the biggest mistakes you can make is to procrastinate incapacity planning. We often hear people in their 40s and 50s say, “I have plenty of time to think about this.” But here’s the truth: incapacity can strike at any moment, regardless of age. That’s why it’s crucial to start planning today. By taking action now, you can ensure that your wishes and preferences are respected, should the unexpected occur.

  1. Speak with Your Family

Open communication with your family is vital when it comes to incapacity planning. These conversations may seem uncomfortable, but they’re essential. Not only does sharing your wishes provide peace of mind to your loved ones, but it also allows you to appoint someone you trust to make decisions on your behalf if you become incapacitated. While the details will be outlined in the appropriate legal documents, having heartfelt conversations can clear any uncertainties and ensure everyone understands your desires.

  1. Make Careful Decisions

When it comes to deciding who will act for you, you need to make thoughtful decisions. Choosing the right individual is crucial because they’ll be making significant decisions on your behalf. Take the time to carefully consider your options and select someone you trust wholeheartedly. After all, this person will have a tremendous responsibility and must act in your best interests.

Now, let’s address some important questions that will help you along the way:

  • When is the best time to start the incapacity planning process? The answer is simple: now. Don’t wait for a specific age or circumstance. Start as early as possible to ensure you’re prepared for any unforeseen events.
  • What decisions can you make today that will save your family time and money in the future? By putting a comprehensive incapacity plan in place, you can minimize potential conflicts among family members and reduce the financial burden associated with decision-making during difficult times.
  • Do you have someone in mind whom you can trust to make decisions for you if you become incapacitated? Think about the person you believe is best suited to act on your behalf. Have open discussions with them, share your wishes, and ensure they understand the responsibilities involved.

These questions are a great starting point, but remember, incapacity planning is a complex process that may require additional considerations. Call 520.529.4000 to set up a consultation. Our team is here to provide guidance and answer any further questions you may have!

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