Incapacity Plan

You’ve had a diagnosis. Now is the time to sign.

A diagnosis like early dementia, Parkinson’s, or cancer does not end your right to plan. It means the window to sign documents is open now and may not stay open. We help you put someone you trust in charge, on your terms, before a court has to decide.

Call (844) 544-PLAN to schedule

The short answer

You can sign a valid plan as long as you understand what you are signing. Once that capacity is lost, your family may need a court guardianship to pay your bills or make medical decisions.

Do this first

✓Book a call this week; we can often meet quickly

✓Gather a list of accounts, property, and your doctors

✓Think about who should decide for you, and a backup

What happens without a plan

What your family faces if you wait

Paying your bills

Without a plan

The bank will not let your spouse or children into accounts in your name alone. They may need a court conservatorship, with fees, bonds, and yearly reports.

With the Incapacity Plan

Your agent under a financial power of attorney, or your successor trustee, steps in the same day.

Medical decisions

Without a plan

Doctors may turn to whoever the law lists first, even if that is not the person you would choose.

With the Incapacity Plan

Your health care agent speaks for you, following the instructions in your directive.

Paying for care

Without a plan

Savings can be spent on care before anyone thinks about Medicaid, and a home can be lost.

With the Incapacity Plan

We look at Medicaid planning now, while options are still open.

What the plan includes

Documents that let the right people act for you

Durable financial power of attorney

Names someone to handle money, property, and benefits if you cannot, with powers broad enough for Medicaid planning.

Health care power of attorney

Names the person who makes medical decisions when you cannot speak for yourself.

Living will and HIPAA release

Your instructions for end-of-life care, and permission for doctors to talk with your family.

Revocable living trust

Holds your home and accounts so a successor trustee can manage them without court involvement.

Medicaid review

We check whether a Medicaid trust or other steps can protect your home and savings from nursing-home costs.

Plain-English family letter

A short summary for your family of who is in charge and where everything is.

Questions

Common questions

Every family is different. A 15-minute call with a licensed attorney answers the rest.

MississippiMedicaid Trust Guide: Mississippi→ LouisianaMedicaid Trust Guide: Louisiana→ Washington, D.C.Medicaid Trust Guide: Washington, D.C.→

Can I still sign documents after a dementia diagnosis?

Often, yes. The question is whether you understand what you are signing at the time you sign. Many people in the early stages can. We meet with you, and when it helps we ask your doctor for a short capacity letter.

What happens if I lose capacity before signing?

Your family would need to ask a court to appoint a guardian or conservator. That process costs more, takes weeks or months, and the court, not you, chooses who is in charge.

Should I set up a Medicaid trust now?

If long-term care is likely, the five-year look-back makes timing important. We will tell you on your call whether a Medicaid trust or other planning fits your situation.

How fast can this be done?

When a diagnosis is involved, we move quickly. Book a call and tell us about the diagnosis so we can schedule accordingly.

Sign while the choice is still yours.

In 15 minutes, a licensed attorney will tell you what your family needs and quote the flat fee in writing.

Call to schedule