Your family and finances are at risk if you become incapacitated.

Nearly 1 in 2 Seniors Become Incapacitated Before they die. Your family and Finances are at risk if you become incapacitated. I get calls every day about someone?s mom or dad who is no longer able to pay their bills, manage their finances or who is being taken advantage of by an evildoer. The caller often knows that mom or dad has a Will or maybe a Trust. Most people don?t realize that a will and often a Trust works just like a compass? only this compass is pointing your family toward the local county courthouse because a Will only affects what happens if you die. A Trust can cover what happens if you don?t die but many Trusts are written to avoid Probate, and do not have adequate provisions for what happens if you don?t die.

So? what if you don?t die? What if you?re just happily walking through life and, one day, you have an accident, a stroke, or some other disabling injury or disease that leaves you alive but mentally incapacitated? You?re stuck in limbo, and so is your will! It can do nothing to help you deal with the possibility of being alive but unable to make decisions for yourself, your estate, or your health care.
On the other hand, maybe you?ll never face a catastrophic event that changes your life in an instant like a stroke can. But what if Alzheimer?s, or Parkinson?s, or dementia, or some other other disabling disease robs you or your spouse of the ability to make decisions?

If this happens, you and your family will now face the very real possibility of hiring an attorney and going to court to establish a guardianship or conservatorship. In this legal proceeding, someone is appointed the decision-maker over your life, your health, and your wealth.
Hopefully, the court will choose the right person for you. You could live the rest of your life under what I refer to as ?living probate? (also known as a Conservatorship) You?ll be a ward of the court if you haven?t taken the proper legal precautions. All of your financial decision-making and health care will be subject to the review and control of a judge. Your family (and the attorney) will need to return to court from time to time to provide a financial accounting of every check that is written For this reason, I often sarcastically say that a traditional estate plan could make you wish you were dead. In just a couple generations, there have been enormous changes in life expectancy, and there is a high probability that you or someone in your family will face long-term care or nursing home expenses. For this reason, I believe you can never really be sure if you?re safe unless you have an iron-clad estate and longevity plan.

As your Los Angeles and Orange County Elder Law Attorney I provide iron-clad plans for what happens if you don?t die. If you have a loved one with Alzheimer?s or another dementia please sign up for my FREE RESOURCE: the Indispensable Alzheimer?s Resource Kit www.alzheimersanswersnow.com

Source: http://www.gpeldercarelaw.com/family-finances-at-risk/

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