Basic Estate Planning Questions: What is Incapacity Planning?

Yesterday, we began our ongoing series on basic estate planning questions by looking at the legal concept of an estate. Today we are going to look at another aspect of an estate by looking at what happens to a person when he or she becomes incapacitated. Incapacity planning is one of the more essential parts of every basic estate plan. Regardless of your age or circumstances, every capable adult in the state of California needs to take the time to create a proper incapacity plan. What does “incapacity” mean? You probably take it for granted that you get to make all of the day-to-day decisions that go with being an adult. What do you want to eat? Where would you like to live? Who would you like to associate yourself with? You probably make hundreds of these types of decisions without really thinking about the legality of it all. This is because the law presumes that you are a mentally capable adult. You don t have to ask anyone s permission before you make a decision because the la


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