Tuesday, September 18, 2012

Legal Brief: Legal Protections For Those Facing a Diagnosis of ...

If you or a family member are one of the millions of Americans facing a diagnosis of some type of dementia, it is critical that you have the essential estate planning documents in place that will protect you and your loved ones.? And the earlier that planning is done once a diagnosis has been made, the better protected you will be against the financial and emotional burdens of mental incapacity.

The essential documents you need include:

  • Advance Medical Directive ? this legal document enables you to name someone who can make health care decisions for you in case you become unable to make them for yourself.? Without an advance medical directive, your family will have to endure the hardship of a court proceeding to establish a guardian for you.
  • Living Will ? a living will allows you to specify the types of treatment you do ? or do not ? want in case of a terminal illness or a persistent vegetative state.
  • Financial Power of Attorney ? this legal document allows you to appoint someone to manage your finances in case of incapacity.
  • Living Trust ? establishing a revocable living trust allows you to appoint a successor trustee to act in case of incapacity.

These documents must comply with state law as well as with the Health Insurance Portability and Accountability Act of 1996 (HIPAA).? It is crucial for you to enlist the help of a Personal Family Lawyer? to create these documents while you or a loved one is still mentally competent.

If you?d like to learn more about important legal protections for those facing a progressive illness or have other estate planning questions, call our office today to schedule a time for us to sit down and talk. ?We normally charge $750 for a Family Wealth Planning Session, but because this planning is so important, I?ve made space for the next two people who mention this article to have a complete planning session at no charge. Call today and mention this article.

Claudia Bingham, Your Neighborhood Personal Family Lawyer?

410 North Boylan Avenue

Raleigh, NC 27603

Call (919) 256-3643 today to schedule your appointment!

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Claudia Bingham graduated from City University of New York, the only law school in the nation that primarily focuses on training lawyers to enter public interest law. After graduation, Claudia served as a law clerk at a small general practice law firm in North Carolina where she primarily worked on small business law and trusts and estate planning. Claudia was admitted to the North Carolina Bar in 2010 and was admitted to the U.S. District Court, Eastern District of North Carolina in 2010. She comes from a long line of entrepreneurs and in July 2010 with the help of her father, also a long time business owner, she opened her own law practice with the goal of holding true to the motto of her law school: Law in the Service of Human Needs. With strong core values of access to justice for all and a sense of community as a backdrop, Claudia has provided pro bono assistance for the North Carolina Legal Aid?s Justice for All Project, Wake County Guardian Ad Litem and Able to Serve, a non-profit organization in Wake County. Claudia believes that the best estate planning process is one that melds her legal expertise with her clients? willingness to share their personal beliefs and dreams. She is devoted to assisting small family owned and operated businesses in the Triangle and because she comes from a long line of business owners, truly understands the demands that many small family owned operations face on a daily basis. She prides herself on being a counseling-oriented attorney who creates customized estate plans designed to meet the specific goals of her clients and her ability to truly listen to her clients and to translate their vision into estate plans that meet their desires and expectations. She appreciates the unique composition of each family and knows firsthand that thoughtful, creative customized planning can maximize both financial security and harmony therein. She loves working with small businesses to provide the legal protection needed to grow without liability. Claudia is fluent in Spanish and resides in Garner, NC with her dog, Darcy.

Source: http://binghamlaw.wordpress.com/2012/09/17/legal-brief-legal-protections-for-those-facing-a-diagnosis-of-dementia/

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