Planning for incapacity Legal Rockville MD

Planning For Incapacity

Serving Frederick & Montgomery Counties, and the surrounding Maryland communities

Planning For Incapacity

Estate planning should address the broad range of scenarios that can impact a person's care and his or her assets both during life and after death. When a person becomes incapable of making his or her own personal decisions, whether temporarily or permanently, that authority will be assumed by someone else. It is far better to designate in advance the person(s) you would want to make decisions for you under such circumstances, to avoid disputes among concerned individuals or, worse yet, involvement of the Courts. Without the advance planning, what could have been a rather simple and cost-effective procedure then becomes cumbersome, time-consuming and expensive.

We prepare durable powers of attorney for both financial and medical decision-making purposes in the event of incapacity, as well as living wills to express the client's wishes under extreme, end-of-life circumstances. Powers of attorney are usually designed to give very broad authority to your agent, and though there is some standardization, the Maryland statutory documents lack important provisions that could be critical in a particular case. Our experience lets us tailor your powers of attorney to your circumstances and give you the broadest protection.

Revocable living trusts are another means of addressing incapacity concerns in the context of financial decision-making. While a revocable trust would not ordinarily be appropriate solely for incapacity planning purposes, they are an effective tool in this regard. The authority of the Trustee of a revocable trust is very often accorded more respect by financial institutions than the authority of an agent under a power of attorney.

When advance planning has not been implemented and it becomes necessary to obtain Court authorization to act on behalf of an incapacitated person, we can shepherd the family through the process of having a Guardian of the person or a Guardian of the property appointed. After presenting to the Court in a petition the reasons a person is believed to need a Guardian, a hearing will be held in Court to allow a judge to consider the evidence and determine whether guardianship is the least restrictive option for the welfare of the alleged disabled person.

Practice Areas

Estate Planning & Probate Services


There are numerous types of trusts, but the one about which clients most commonly inquire is the revocable trust.

Planning For Incapacity

Planning addresses a broad range of scenarios that can impact a person's care and his or her assets both during life and after death.

Asset Protection

The desire to protect assets often extends beyond concerns related to taxes. At times, the objective is to protect assets for one's own benefit.

Tax Planning

Our tax planning services focus primarily on the effective use of our clients' estate and gift tax exemptions, and strategies to transfer assets.

Charitable Planning

Charitable giving in the context of estate and gift tax planning takes many forms, and as with most tax planning, ranges from simple, outright gifts and bequests...

Entity Creation

Partnerships...We also assist in creating Corporations and Limited Liability Companies for traditional income tax and liability protection purposes.

Estate Planning And Probate Services

Personalized Estate Planning and Probate Services tailored to your family's specific circumstances and needs, your assets and your goals.

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