Planning For Incapacity | Durable Powers Of Attorney And Living Wills

Your estate plan can prepare for unforeseen events that may come your way. Incapacity is one possible event for which we all need to plan.

Many people go through a period of incapacity before they die. A durable power of attorney and a living will are components of your estate plan that can help and protect your family members in the event of incapacity. At the law office of J. Jeffrey Press, P.A., we draft these important documents for clients in northern and central New Jersey, including Morris, Passaic, Essex and Somerset counties.

To discuss your estate planning needs, please call our Parsippany office at 973-323-2654 or contact us online. We are here to help.

What Is A Durable Power Of Attorney?

A durable power of attorney is as important as, if not more important than, a will. With a durable power of attorney, you can appoint someone to act on your behalf if you are unable to do so yourself under any imaginable set of circumstances. For example, you could be away from home, ill, injured in an accident or incapacitated due to dementia or Alzheimer's disease.

A "durable" power of attorney remains in effect while you are physically or mentally incapacitated — but not after your death. A durable power of attorney circumvents the need for a court to appoint a guardian if you cannot manage your own affairs. Guardianship proceedings can be costly and time-consuming. They can also be contentious if family members do not agree on who should be your guardian.

We can help you avoid these outcomes by drafting a durable power of attorney that meets your specific needs and those of your family.

What Is A Living Will (Advanced Health Care Directive)?

In New Jersey, a living will is one of the components of the advance health care directive. The advance health care directive tells family members and medical providers what you want to happen if you are in a terminal condition and no longer able to express your wishes. The advance health care directive also enables you to name a health care representative to act on your behalf.

Not having an advance health care directive can place a tremendous burden on your family members. In an end-of-life situation, family members would have to decide whether or not you would want life-sustaining care such as a feeding tube. Without your written guidance, that decision can be extremely difficult for a loved one to make.

Contact Attorney J. Jeffrey Press To Learn More

To schedule a consultation with a lawyer at J. Jeffrey Press, P.A., please call our office in Parsippany 973-323-2654. You can also fill out our convenient contact form on this website.