Practice Areas
Granite Bay
Incapacity Lawyer
Incapacity Attorney
In the area of estate planning, the term capacity means the ability to manage affairs and make important decisions on your own. However, what if there is a situation that results in incapacitation? In some cases, incapacity may only be temporary, such as when the condition causing diminished capacity has been cured or resolved. It is helpful to understand the legal consequences of a determination of incapacity and the corresponding options available under California law for estate planning.
California’s definition of incapacity is very detailed. The law defines incapacity as the inability to make decisions or perform certain acts due to diminished mental functions, like alertness and attention, thought processes, and the ability to modulate mood and affect. These mental functions can lead to things like inability to understand or communicate with others, failure to reason logically, or presence of delusions and/or hallucinations.
A California Lawyer For Incapacity You Can Trust
In the case of death or incapacity, you need a structure in place to ensure your wishes are followed and your family is protected. For more information about estate planning, you can explore our FAQ page or contact us online today. We are also available by phone at (916) 773-6100.
Who Determines Incapacity?
In California, the court makes the final determination of capacity. However, the court will request medical opinions from experts who have examined the individual. If there is no challenge to the incapacity determination, the court can rely on medical records. However, if such a finding is contested, then the court will likely request an independent psychological analysis to provide additional support for the decision.
A finding of incapacity can be temporary if the condition causing the incapacity has been effectively treated and when it is demonstrated to the court that the person has regained his or her capacity. If the determination is reversed, then the individual’s decision-making capabilities are reinstated.
An Incapacity Attorney to Help Manage Your Affairs
At McCunn Law, we recognize that caring for a loved one under such circumstances is often a traumatic occasion. For assistance in developing an estate plan to prepare for the future possibility that you may one day become incapacitated, or for help dealing with the complexities of an incapacitated loved one’s estate, contact our experienced team at 916-773-6100 or online today.
Planning for Incapacity
Planning now can prevent stress and anxiety later should incapacitation arise. There are many estate planning tools that can give you the power to dictate who manages your personal, financial, and medical affairs if you do become mentally or physically incapacitated.
- Power of attorney (POA): Your designated power of attorney can manage your financial affairs (except for those in a trust) and legal matters.
- Trust: If you become incapacitated, your successor trustee can manage the trust assets strictly and in accordance with the instructions in the arrangement.
- Advance health care directives (AHCDs): AHCD is a special power of attorney specifically for health care purposes that defines specific health care instructions. These include organ donation wishes, your physician, and your burial.
Estate Planning, Wills & Trusts Practice Areas
Our methods for handling incapacity issues are unique. We offer legal assistance for a range of estate planning, probates, wills and trust needs.
Mr. McCunn specializes in a holistic, project management approach which empowers you to make your own decisions throughout the process. He has a reputation as a peacemaker and his honest and pragmatic attitude towards divorce and other family law issues ensures you only pay for the services you need during your case.
“McCunn Law is a high-quality and highly knowledgeable legal team. I went into a consultation regarding child custody and was extremely happy with the plan and ultimately the results of my case. They create a plan with the client’s needs and wants in mind. Drummond is also great working with regarding what kind of budget a client would be able to afford. If I have any more legal needs in the future this is the office I will use every time.”
“McCunn Law is a high-quality and highly knowledgeable legal team. I went into a consultation regarding child custody and was extremely happy with the plan and ultimately the results of my case. They create a plan with the client’s needs and wants in mind. Drummond is also great working with regarding what kind of budget a client would be able to afford. If I have any more legal needs in the future this is the office I will use every time.”
“McCunn Law is a high-quality and highly knowledgeable legal team. I went into a consultation regarding child custody and was extremely happy with the plan and ultimately the results of my case. They create a plan with the client’s needs and wants in mind. Drummond is also great working with regarding what kind of budget a client would be able to afford. If I have any more legal needs in the future this is the office I will use every time.”