THE LAW OFFICES OF KENNEDY & JACKSON THE LAW OFFICES OF KENNEDY & JACKSON
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Planning for Incapacity

In the event of a disabling accident or deteriorated health, who would manage your affairs? Would your loved ones know what to do and be legally empowered to act on your behalf? A proper estate plan should spell out your wishes and clear transfer of power if you become incapacitated.

The Law Offices of Kennedy & Jackson provides comprehensive estate planning services in Houston, Sugar Land, Harris County and beyond. Our clients include young couples writing their first will, retirees who are anticipating health problems, established professionals and business owners who have a substantial legacy to protect, or a company that needs steering.

PLANNING FOR INCAPACITY: ESTATE PLANNING LAW FIRM IN HOUSTON

Incapacity may happen gradually, as from Alzheimer’s or Parkinson’s. It may occur suddenly, as from a car accident or stroke. It may be a temporary but disabling condition or it may be a progressive or permanent impairment. Your estate plan should provide for the worst case scenario but also allow for your full or partial recovery.

Our lawyers will help you anticipate all the scenarios of incapacity so that your loved ones or appointed stand-in can seamlessly take over your affairs and carry out your wishes. Planning for incapacity may include:

  • Medical power of attorney — enabling your chosen proxy to make medical decisions on your behalf, such as surgery
  • Health care directives — a “living will” that dictates to doctors and family members your wishes regarding heroic measures, life support and end-of-life care
  • Financial power of attorney — authorizing a trusted person to pay bills, manage your accounts and investments, and conduct transactions if you are not able
  • Guardianship of children — designating the person(s) who would assume care and custody of minor children or an adult disabled child if both parents are incapacitated
  • Living trusts — protecting your assets from creditors and lawsuits while you are incapacitated

There are many important questions and decisions. Who is best suited to manage your affairs? Who should be the successor (back-up person)? How much authority do you want your proxy to have? Who determines whether you are incapacitated? Our board-certified estate planning lawyers will walk you through your concerns and scenarios you may not have considered.

BUSINESS OWNERS AND INCAPACITY

Owners of medical practices and businesses have additional considerations in planning for incapacity. If you were suddenly disabled, your business partners and employees would be in limbo and the business itself might falter. Our attorneys provide experienced business planning counsel to protect your interests and avoid litigation.

You might “deputize” your spouse or child to take over your role or make business decisions in your stead. You may choose to cede decision-making control to a business partner or key employee. You might prefer to give up your stake in the business or dissolve the entity altogether. We can address incapacity scenarios in the partnership or operating agreement or a separate buy-sell agreement.

CONTACT OUR HOUSTON ESTATE AND PROBATE LAWYERS

Our law office is located in the Galleria area of Houston, with free on-site parking available next to our office building. We provide a complimentary and confidential initial consultation to all new potential clients.

To schedule an appointment with one of our lawyers, call 713-783-7444, or send us an email.