An illness or an injury which leaves you unable to communicate or act on your own accord can seem like the worst thing in the world to happen. While incapacity is always a tragedy, the actual worst case scenario involves becoming incapacitated without an advanced plan in place for this terrible outcome. If you have not made an incapacity plan, your family could be in a very bad situation if something happens to you, and you could be left with no autonomy at all when it comes to important medical choices.
While no one likes to think about incapacity, you need to work with an experienced attorney to make an incapacity plan so you can protect yourself and your loved ones. O’Drobinak & Nowaczyk, P.C. can provide you with the help you need to make your plans and protect yourself and your family.
To find out more about how a Schererville, Indiana incapacity planning lawyer can assist you, give us a call at 219-865-2285. You can get advice specific to making your plan, and answers to questions including:
- What is incapacity planning?
- Why is incapacity planning so important?
- How can a Schererville, Indiana incapacity planning lawyer help you?
What Is Incapacity Planning?
Incapacity planning involves thinking about what you want to happen in case an illness or an injury leaves you unable to act, and then using legal tools to make sure those things occur. You need to think about:
- Who will manage your assets in case of incapacity?
- What will happen to your pets and your children if you become incapacitated?
- What kinds of medical care you do, and do not, want in case of incapacity
- How you will pay for nursing home care in case of incapacity
The answers to these questions are of fundamental importance, because the answers can make a profound difference in your life and in the lives of your family members. You can answer these questions in advance by using advanced directives to dictate what kinds of medical treatment you want; by naming a healthcare proxy to make other medical decisions for you; by creating a power of attorney to name an agent to manage affairs and make other decisions on your behalf; and by creating trusts to ensure appropriate asset management and protect assets from being lost due to nursing home costs.
O’Drobinak & Nowaczyk, P.C. can help you to take these steps, and more, so you will have a personalized incapacity plan that works for you and your loved ones.
Why Is Incapacity Planning So Important?
Making an incapacity plan is vitally important because otherwise you and your family could face substantial difficulties in a crisis situation when you are hurt or sick.
If you have not made an incapacity plan, your family may have to go to court to secure guardianship so someone can manage your assets and make choices on your behalf. The court process can be costly, complicated, and time consuming- during which time your future is in limbo and your assets are unmanaged, since no one knows who has authority to act.
Your family could be left to make some of the toughest life-and-death medical choices with no guidance from you if you do not have an incapacity plan. You may end up not getting lifesaving care you would have wanted, or contrarily could end up being kept alive under circumstances in which you would have preferred no medical intervention. Your family could fight over your wishes, and your loved ones could be left with the guilt of having possibly made the wrong choices.
If you are able to live while incapacitated but you need nursing home care, the costs of care could be astronomical. Your legacy could be lost as money is spent to pay for your healthcare needs. Most private insurers and Medicare won’t cover routine nursing home care, so you will have to pay privately until enough of your assets have been spent down that you are considered needy enough to qualify for Medicaid. An incapacity plan can help you to avoid this fate.
How Can A Schererville, Indiana Incapacity Planning Lawyer Help You?
You don’t want your assets, your family, or your future autonomy to be in jeopardy in case of incapacity, as this could make a bad situation much worse. You need to make a plan in case of sickness or accidental injury so there is no uncertainty about what should happen to you and your loved ones. O’Drobinak & Nowaczyk, P.C. can provide the assistance you need to take full advantage of the legal tools that allow you to make an incapacity plan.
To find out more about how a Schererville, Indiana incapacity planning lawyer can assist you, give us a call at 219-865-2285 or contact us online today.
