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  • Home
  • Who We Are
    • About Our Firm
    • Attorney and Staff Profiles
    • Advantages of Working With Our Firm
    • Speaker Connection
  • How We Can Help
    • Business Owners & Asset Protection
    • Estate and Gift Tax Figures
    • Elder Law & Medicaid Services
    • Family-Owned Businesses & Farms
    • Incapacity Planning
    • IRA & Retirement Planning
    • LGBTQ Estate Planning
    • Minor Children & Young Adult Planning
    • Pet Planning
    • Probate and Trust Administration
    • Remarriage and Blended Family Protection
    • Special Needs Planning
    • SECURE Act
    • Wills & Trusts
  • Webinars
  • Free Resources
    • Elder Law Resources
      • Elder Law Reports
      • Elder Law & Medicaid Definitions
    • Estate Planning Resources
      • Dangers of Do-It-Yourself Wills & Living Trusts
      • Estate Planning Checkup
      • Estate Planning Definitions
      • Estate Planning Reports
      • Incapacity Planning Definitions
      • Is Your Estate Plan Outdated?
      • Top 10 Estate Planning Techniques
    • Frequently Asked Questions
      • Estate Planning
      • Incapacity Planning
      • LGBTQ Estate Planning
      • Nursing Home Asset Protection
      • Probate & Trust Administration
    • LGBTQ Resources
    • Newsletters
    • Probate & Trust Administration Resources
      • Bereavement Resources
      • How to Know if You Need Extra Help With Your Grieving
      • The Mourner’s Bill of Rights
      • Trust Administration & Probate Definitions
      • Things You Need To Do When a Loved One Passes Away With a Trust
      • Things You Need To Do When a Loved One Passes Away With a Will
    • Special Needs Resources
  • Blog
  • Contact

Incapacity Planning Definitions

Power of Attorney:

You empower someone else to act on your behalf. Technically, this person becomes your “Attorney in Fact,” but is more commonly referred to as your “Agent.”

General Power of Attorney:

Provides your Agent with broad authority. It says that at any time – and in just about any capacity – your Agent can conduct business in your name. The Agent can be given great discretion.

General Durable Power of Attorney:

This is a General Power of Attorney that remains valid even during your incapacity.

Durable Power of Attorney for Health and Living Will:

These documents authorize termination of life support if you are terminally ill and appoint an Agent, of your choice, to make health care decisions for you if you become incapacitated.

Gifting Language:

Special language that may be drafted and included with your Trust document and Power of Attorney to give authority to gift assets to accomplish planning goals.

Medicaid Triggers:

These “triggers” or events can put into motion the shift of assets out of the name of the person who is incapacitated in order to qualify for Medicaid benefits.

Conservatorships/Guardianships:

This is the court-supervised proceeding which names an individual or entity to manage the affairs of an incapacitated person.

HIPAA Release:

The Health Insurance Portability and Accountability Act of 2003, known as “HIPAA,” created privacy protections for medical information which prevents hospitals and physicians from providing your personal health information to anyone that is not listed in a signed HIPAA Release. This release allows the Agents under your Advance Health Care Directive/Durable Power of Attorney for Health Care, and the Trustees under your Revocable Living Trust to carry out their duties.

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