Planning for Incapacity: The creative use of Durable Powers of Attorney, Advance Healthcare Directives, and Living Trusts (particularly important in cases of Dementia/ Alzheimer’s disease).

Example / Parent Hospitalized: Alice, a 86 year old senior citizen fell and broke her hip. The bank refused to give her daughter Susan access to her mother’s checking account even though Susan has a signed Power of Attorney form. The bank tells Susan that this Power of Attorney form, which Susan downloaded over the internet, does not comply with California law and the bank simply cannot honor the form. Our firm drafted a Durable Power of Attorney which grants Susan the legal power to manage her mother’s affairs and also gives Susan the legal right to help her mother qualify for veterans widow’s benefits or nursing home benefits.

Life Insurance Salesman in Handcuffs – Is It A Crime To Sell Moldy Bread To A Blind Man? (.pdf)

Additional info: If you would like more information about your specific needs, please fill out the form and mail back to Gilbert Fleming. Questionnaire Rev. 8-10-12

Definition


“Incapacitated” is a legal term that generally means that a person in unable to make their own financial or health care decisions: For example, if they have had a severe stroke or are suffering from Alzheimer’s disease.


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