If I am totally incapacitated what may be done to help me and my family?

 

If I am totally incapacitated what can be done to help me and my family?

If I am totally incapacitated what can be done to help me and my family?

The least restrictive alternatives must be explored. This would include a durable power of attorney permitting someone to act on behalf of the incapacitated person and a medical power of attorney. A living revocable trust may also help. If none of these documents are sufficient, then a guardianship of the person and/or estate may be appropriate. An alternative to the guardianship of the estate is a section 867 Trust where a corporate Trustee typically is appointed. If the incapacitated person is married, then an declaration of incapacity by the Court is sufficient to place the other spouse in control of all of the community property, if there is only community property owned by the incapacitated person.

What if the person named in the Will as the Executor is unable to serve or is disqualified?

An incapacitated person may decline to serve as Executor. If the beneficiaries believe that the designated Executor is not qualified because of conflict of interest, then the beneficiaries may object to the appointment. This is technically a Will contest.

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