Frequently Asked Questions





 


Q: Doesn’t a will help if I am incapacitated?

A: NO! This is a common misconception. A will only takes effect if you are dead. If you are incapacitated, you are not dead and, therefore, the will does not help you. At a minimum, everyone needs a power of attorney for finance, a power of attorney for health care and a living will. The problem with a financial power of attorney is that it can become “stale.” If it gets too old it may not work just when you need it. If you have no power of attorney or a stale one (one that would not work) the court would have to appoint someone to make decisions for you as your guardian. A trust allows someone to make decisions for you if you become incapacitated but the advantage is, since a trust is a contract, it never becomes stale. It can always speak for you if you cannot speak for yourself and isn’t that most important?


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