Oklahoma elder law attorneys assist with the creation of a comprehensive incapacity plan. You, like many people, probably do not want to contemplate experiencing a major medical emergency, such as a stroke or serious car wreck, that leaves you unable to act independently or make your own decisions. Unfortunately, since illness or injury can strike at any time, these are issues that need to be addressed – at least long enough to create an effective incapacity plan.
Parman & Easterday makes the incapacity planning process easy and approachable. Our Oklahoma elder law attorneys help you make these difficult medical decisions and help you outline the individual(s) you trust to manage your affairs if you no longer can. There are many reasons why it is vital to create an effective incapacity plan today, five of which are outlined below.
To Control Your Medical Care
Do you know when you would prefer to accept care or decline care? Do you want a feeding tube to keep you alive or CPR performed if you are on a ventilator unable to breath on your own? These are important questions that may have to be answered if you suffer a serious medical emergency. When the answers are needed, however, you will likely be unable to provide them. These issues outline why it is important to prepare an incapacity plan to express your preferences on life-or-death issues through advanced directive, such as a living will.
To Help Your Family Stay Out Of Court
If you have not made an effective incapacity plan and you become disabled, your family will likely need to initiate guardianship or conservatorship proceedings through the county court. The court process adds unnecessary stress to your family during an already difficult time. However, proper and proactive incapacity planning can keep the legal system out of your personal family business.
To Make Sure Your Assets Are Protected
If your family has to go to court to obtain authority to manage your assets, there will be unwelcome delays. During these delays, it is possible that your investments and property could suffer losses due to lack of management. There is also the risk that the court may select someone you do not want to manage your assets. Instead of leaving it to chance, it is better to proactively prepare a written incapacity plan, outlining who you want managing your wealth if something happens to you.
To Spare Your Family Difficult Choices
If you do not want to force your family to decide whether to pull the plug or withhold lifesaving care, you must express your preferences, in writing, ahead of time. You also need to make your wishes known on a wide variety of medical and financial issues so your family will know what to do to if you can no longer handle your own affairs.
To Ensure You Can Pay For Nursing Home Care
Often, an incapacitating illness or injury results in your move into a nursing home. If you have not appropriately planned to ensure Medicaid pays for your nursing home care while protecting your assets, you will face a substantial risk of financial loss (as Medicaid will only pay for your care after you go broke).
Getting Help From Oklahoma City Elder Law Lawyers
Oklahoma elder law lawyers at Parman & Easterday will guide you through the available tools, including advanced directives, trusts, powers of attorney and more. We will explain the different ways through which you can plan ahead for incapacity and help put a plan in place that provides you and your loved ones with the protections you deserve.
To find out more about the incapacity planning process, join us for a free seminar. You can also give us a call today at (405) 843-6100 or contact us online to receive personalized help with the incapacity planning process. Call now and get your plans in place before a medical emergency signals it is too late to take action.
Since founding Parman & Easterday in 1985, Larry has led over 1,000 free, community-service education programs and helped more than 10,000 Oklahoma families go from putting off their estate plan to getting it done. His goal for every client is the same: to become the person their family calls "the one who took care of everything."
Larry is the author of three books: The Straight Shooter's Guide to Estate Planning; Estate Planning Basics; and Guiding Those Left Behind in Oklahoma. He served as Oklahoma's Secretary of State and Secretary of Commerce, and his firm is the only member of the American Academy of Estate Planning Attorneys in the state.
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