Legal Incapacity

Helping You Plan For Legal Incapacity

Many people think estate planning is limited to providing for asset distribution after they pass away. In this way, they can help their surviving loved ones avoid costly litigation and heated disputes during the probate process. 


There is another reason, however, to work closely with an estate planning attorney — planning for legal incapacity. Incapacity can strike suddenly and without warning. A will does nothing to manage someone's affairs while they are living. 


With decades of legal experience as both an attorney in private practice and as a Connecticut probate judge, along with personal experience with my own family, I can help you create a comprehensive estate plan that includes planning for legal incapacity. With offices in Stamford and Watertown, I work with clients from across the state.


What Is Legal Incapacity?

Imagine that you or a loved becomes incapable of managing their affairs. Whether through trauma, dementia or a long period of unconsciousness following a serious accident or surgery, incapacity is a very real possibility. In this situation, who has the authority to make medical or financial decisions on your behalf? The running of a business or the payment of bills, in many cases, simply cannot wait until you recover.Fortunately, there are legal tools available to plan for incapacity, including:

  • Power of attorney
  • Advanced designation of conservator
  • Appointment of a health care representative
  • Living trusts
  • Living wills

An estate plan is not just a group of documents; rather, it's a comprehensive process that uses these tools customized in a way that makes sense for you and your family. Frank and honest discussions with your family can be an overlooked but important element in planning for incapacity.


As an experienced attorney, I can guide this conversation and help you determine contingencies in the event of incapacity. Who will run the business? Who will pay the bills? Who will file tax returns? Who can sign contracts? 


I work with clients just like you to prepare a plan that will reduce the stress and challenges families face when a loved one becomes incapacitated.


Discuss your specific concerns with an experienced estate planning lawyer who can explain your options and provide the guidance you need. Contact me by phone at 860-274-6275 or by completing the online contact form on this website. 

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