Incorporating Life Changes in Estate Planning
The condition of media titan Sumner Redstone has warranted media headlines because of his declining health. At issue are the actions of his formerly estranged daughter, Shari Redstone. She made choices that some say her father would object to if he was mentally acute. Other family members raise legal objections about his care. The battle will likely be a protracted since Mr. Redstone is worth billions.
Types of Life Changes To Signal Estate Plan Review
When dementia, Alzheimer’s or any other incapacitating injury or illness strike, the victim may not be able to function sufficiently to care for his or her own well-being. If this occurs, one of the most important questions require assistance regarding many matters – from health to residence to finances. How smooth or difficult the process will be may depend in large part to legal proceedings.
In legal terms, for an individual to show that they remain competent enough to manage their own care, they must show they have “capacity.” This means they can understand the details of a decision and any resulting consequences as well as maintain the ability to make their wishes known. A mental health assessment is typically ordered to determine when someone meets the legal standard for incapacitation. If an accident occurs, or the subject shows signs that he may cause harm to himself or others, an assessment is urgent.
Life Change: Legally Incapacitation:
- When it comes to health care, to prove they are capable, they must show an understanding of the risks and benefits of various care regimens. For example, they would need to be able to understand the pros and cons of an experimental treatments or other proposed changes to medical protocol.
- The person must have awareness of their current condition.
- An individual should possess reasonable judgement and be able to show cognitive memory skills.
As always, these are guidelines. Every case is unique. Make sure you work with an estate attorney whose guidance and experience you can trust.
Avoid the Costs and Hassles of Guardianship
A guardianship situation arises when one concerned person (the proposed guardian) petitions the court. They state that another individual (usually a family member) is no longer equipped to make decisions regarding their own wellbeing. The person in question must be deemed “incapacitated” by the court, which is determined by several legal standards that vary by state. A diagnosis alone is not enough. The potential guardian (and her attorney) must prove that the subject is incompetent and requires the guardian’s immediate care. Courts don’t take guardianship appointment lightly. The assessment requires ample evidence before guardianship is granted.
The guardianship process can be exceedingly difficult and involve emotional turmoil amongst family members who might dispute the potential guardian’s assertions. Guardianship is also a costly and lengthy process. Unfortunately, when someone is incapacitated and they don’t have directives in place, they could find themselves in a state where they can’t care for themselves properly. 
Thankfully, this scenario is avoidable. Guardianship equals smart planning. Talk to your estate attorney, who will work with you to develop documents and structures, such as:
- Durable power of attorney
- Living trusts
- Advance health care directives
- Joint ownership arrangements
Proactively Prepare for Unexpected Life Changes
At Skvarna Law Firm, we believe that proactive legal planning is the best approach. Clients should discuss their health, dependent child care, and financial wishes, and then work with us to draw up the right documents and legal protections. Estate planning services are suitable for every adult, because you can’t plan “change of life” scenarios.
While dementia or Alzheimer’s does not typically affect younger adults, people at all ages are at risk of potential incapacitation due to traumatic brain injury. Power of attorney documents, healthcare directives, and trusts give people peace of mind because they know that if catastrophe strikes, they’ll receive the care and support they need from people they trust.
About Skvarna Law
Skvarna Law Firm operates offices in Glendora and Upland, California. We also provide legal services for individuals living in San Bernardino, Los Angeles, Orange and Riverside Counties. This includes the cities of Upland, Ontario, Rancho Cucamonga, Fontana, Colton, Rialto, Chino, Chino Hills, Glendora, Claremont, Montclair, Pomona, La Verne, San Dimas, Azusa, Covina, West Covina, Diamond Bar, Walnut, La Puente, Corona, Norco & Mira Loma. Visit SkvarnaLaw.com to learn more.
