Incapacity/Disability Planning MN

We don’t like to think about it, and it’s certainly not likely to happen, but the fact is, life is fragile and any of us can die, be disabled or incapacitated in an instant, hurling our life and the lives of our loved ones into chaos and uncertainty.

If you suffered serious injury today, would your family be able to obtain vital medical information? Would they be able to manage your affairs during your incapacity? Would they know your wishes about end-of-life issues? Would your estate be passed to those you want to inherit it? Would a significant portion of your estate be eaten up in gift and estate taxes? Who would take care of your children? These are not questions we like to deal with, and Moore Family Law can guarantee that you never have to worry about them again!

Their comprehensive estate plan will include the following tools:

Minnesota Living Trust

The proper legal term would be Revocable Living Trust, and it would provide maximum asset management protection. When assets are held in trust, the trustee has full power to manage and protect trust assets. While you are alive and able, you serve as the trustee. If incapacity strikes, your successor trustee seamlessly steps into your shoes and continues the management and protection of trust assets. Your successor trustee’s powers are limited to assets owned by the trust.

Powers of Attorney MN

The proper legal term here is Enhanced Durable Power of Attorney, and this addresses other financial, property and legal matters. For non-trust matters, a durable power of attorney names an “attorney-in-fact” to act on your behalf in order to manage non-trust assets, file taxes, and act as your legal representative. Unlike the successor trustee, your attorney-in-fact is not treated as the owner of assets for management purposes, so the durable power of attorney may afford the attorney-in-fact fewer powers than a successor trustee of a revocable living trust.

Health Care Directive Minnesota

Again, the proper legal term is Enhanced Health Care Directive and it has to do with controlling critical medical decisions. Health care directive serve two functions. First, a health care directive identifies the individuals entrusted to make medical decisions for you when you lack decision-making capacity. Second, the health care directive sets forth your specific health care wishes. Health care directives detail your wishes in the event that you are in a terminal condition, irreversible coma, or persistent vegetative state.

HIPAA Authorization

HIPAA regulates strictly limit third-party access to your protected health care information. While HIPPAA is designed to protect your privacy, it sometimes prevents your family from obtaining vital medical information. A HIPPAA Authorization is necessary to designate “Authorized Recipients” of protected health care information.
For unspeakable situations such as those described above, Moore Family Law Estate Planning Attorneys will see that you maintain control within your family and keep your affairs private.