没有规划的能力
Planning for incapacity is incredibly important for California residents. 没有人愿意去想自己会变得无能为力, yet taking the time to plan ahead can be immensely beneficial to you and your loved ones. A well-executed estate plan should include directions for you to carry out your wishes regarding financial matters and healthcare issues. Planning for incapacity can help you and your loved ones avoid complications. It also helps you ensure that your loved ones make decisions according to your wishes, 你应该丧失行为能力吗.
什么是失能计划?
精神上的丧失能力可以由各种不同的原因引起. A sudden injury or a chronic illness can cause an otherwise healthy individual to become incapacitated. The goal of incapacity planning is to allow your loved ones to understand your wishes and goals and act on them 你应该丧失行为能力吗.
萨克拉门托-area residents without incapacity plans will leave these financial and health-related decisions to someone else’s discretion. 更糟的是, your loved ones could end up needing to seek a conservatorship over you – a long-consuming and expensive process.
在加州创建财务委托书
A financial power of attorney is one of the most important incapacity planning documents. You appoint an agent who will have the authority to do all the following for you should you become medically incapacitated:
- 支付账单
- 管理你的投资
- 提交纳税申报表
- 做财务决策
- 以你的名义抵押和出售房地产
- 处理法律文件中规定的其他财务事项
As the creator of your financial power of attorney, you have control over the terms of the document. 在加州，财务委托书可以是永久的，也可以是临时的. The provisions of a durable power of attorney go into effect as soon as you sign it and stays in effect even if you become incapacitated.
A springing power of attorney only goes into effect after a medical doctor determines that you are mentally incapacitated. 换句话说, if you appoint your spouse as your agent in a springing power of attorney, your spouse will only be able to act and make decisions for you after you are declared incapacitated.
如果我和我的配偶共同拥有所有财产，我是否需要一份授权书?
是的, 即使你们拥有共同的银行账户和共同的财产, 签署财务委托书仍然是必要的. Joint bank account holders can access the funds in the account to pay bills. 然而, joint ownership of real estate does not allow one spouse to sell or mortgage the property without the consent of the other spouse.
因此, if your spouse needs to sell or mortgage your home while you are incapacitated, 如果没有财务委托书，他们就不能这样做. 共同财产所有权可能引起其他问题. The best way to protect your assets is to create a comprehensive estate plan that includes a financial power of attorney. 依靠共同所有权并不是首选策略.
加州的高级医疗指令
An Advance Healthcare Directive is a legal document that states your medical desires pertaining to end-of-life care. Many people have the goal of being as comfortable as possible but not utilizing medical heroics that could decrease their quality of life.
Advance Healthcare Directives also allows an individual to state their healthcare wishes when they become incapacitated. Advance Healthcare Directives are incredibly helpful when someone is suffering from a terminal illness is in a permanent coma, or has been diagnosed with an illness that will become progressively worse over time.
您的预先医疗指示可以解决以下问题:
- Who you would like to appoint as your agent to make decisions on your behalf
- 你是否愿意拒绝或接受止痛药
- Whether you would like to stay on life support indefinitely or removed under certain circumstances
- Whether you would like to donate organs and how you wish them to be used
- Your healthcare desires in any situation in which you are unable to make decisions
更新你的伤残计划文件
如果你有一段时间没有查看你的残疾计划文件, 或者你经历了生活的变化, seeking the advice of a skilled estate planning lawyer could greatly benefit you. 在下列情况下，你可考虑更新你的文件:
- Your Advance Healthcare Directive was executed before 1992; it has expired.
- Your Advance Healthcare Directive does not include a HIPAA (Health Insurance Portability and Accountability) waiver. This waiver is necessary to allow your designated agent to access your medical records when making healthcare decisions on your behalf.
- You move to a new state, as medical powers of attorney documents vary from state to state.
- 你的愿望改变了, such as wanting to select a different agent or change your mind about end-of-life decisions.
- 你离婚了，你的经纪人是你的前配偶.
- 你的代理人去世或丧失行为能力.
我们提供全面的失能规划服务
皇冠官方APP下载, we know that an Advance Healthcare Directive is only one part of a thorough estate plan. 当我们为新客户提供建议时，我们会倾听他们的需求和目标. 我们通过提问来了解他们当前的需求. We take the time to put together a complete estate plan in which all parts work to serve the overall goals of our clients. Contact our estate planning law firm today to schedule your initial consultation with our 萨克拉门托, 福尔松的, 或罗斯维尔办公室. We offer in-person, virtual, and telephone appointments for your convenience.
