Are you prepared in case of incapacity? Asks Estate Planning Attorney Erik Hartstrom

ELK GROVE, Calif. - July 17, 2013 - PRLog -- “When most people create their estate plan they are just thinking about the point in time after they are gone.  There is a lot that can happen to you personally before that point” stated Erik Hartstrom.  Specifically, people can face incapacity or diminished capacity – the ability to carry out life on a normal day to day basis.

“I see this situation all the time, especially with elderly clients – their memory is slipping and their ability to process new information is limited because the short term memory just isn’t working” said Hartstrom.

The risk faced by adults is that in the event of incapacity, there is no one to act for them.  In extreme circumstances a conservatorship may be required.  This is a lengthy, potentially expensive process where the court determines that a person is completely incapable of managing their personal affairs.  The legal standard of proof is high, and is difficult to meet in some cases.

Attorney Erik Hartstrom discusses the remedy:

Making Financial Decisions – Power of Attorney

The Power of Attorney creates your own personal agent who can act in your place in financial matters.  The powers granted can vary greatly in each document, and can be customized to meet the client’s exact wishes.  This means that your designated agent can step up to assist you with all your finances at your direction.

Making Medical Decisions – Health Care Directive

The Health Care Directive gives the person you choose the ability to discuss your medical situation with your doctors and nurses, and make decisions regarding your care.  This becomes extremely important when you cannot express your own wishes and desires.  In fact, most hospitals now will present you with a very simplified version of a Health Care Directive when you are admitted.

“Think of these documents as legal ‘insurance’ for yourself” concluded Hartstrom.  “If something were to happen to you, these two documents allow the person you’ve designated to step into your shoes and continue paying the bills and making the important decisions that still need to be made.”

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Erik is an authority on estate planning, creating wills, trusts, and other documents to help his clients create a lasting legacy.  His practically style and focus on client education have resulted in national attention.  He is often featured in Life Health Pro, a publication which attracts top financial experts across the country.  Erik’s expertise has been featured in the media across California and nationally, including the CBS Money Market, San Francisco Chronicle, and Good Day Sacramento.

Erik is passionate about his mission: “I help parents prepare for the future.  Parents can keep their children out of probate court.”  Contact information for Erik is available at his website, http://www.estateplanpros.com