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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
    • Wills & Trusts
    • Incapacity Planning
    • Remarriage and Blended Family Protection
    • Business Owners & Asset Protection
    • Minor Children & Young Adult Planning
    • Special Needs Planning
    • Family-Owned Businesses & Farms
    • Pet Planning
    • IRA & Retirement Planning
    • Elder Law & Medicaid Services
    • LGBTQ Estate Planning
    • Probate and Trust Administration
    • Estate and Gift Tax Figures
    • SECURE Act
  • Free Resources
    • DocuBank
    • Elder Law Resources
      • Elder Law Reports
      • Elder Law & Medicaid Definitions
    • Estate Planning Resources
      • 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      • Is Your Estate Plan Outdated?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 FAQs
      • Incapacity Planning FAQs
      • LGBTQ Estate Planning FAQs
      • Probate & Trust Administration FAQs
    • 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
  • Workshops
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Incapacity Planning Definitions

You are here: Home / Resources / Estate Planning Resources / 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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