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Estate Planning and Incapacity

       Believe it or not, most people are more reluctant to plan for incapacity than death. More individuals can accept death but not incapacity. They can accept the graveyard but not the nursing home. When I asked one elder male client why he knew he would never go to a nursing home he responded , "because of my .45 caliber pistol I keep in my chest of drawers". Okay, but what if you have a stroke and can't pull the trigger. Incapacity, physical and mental, must be addressed in your documents. Why wouldn't you want to determine where you lived and who would care for you post-stroke or other incapacitating event?

Estate Planning with Durable Powers of Attorney

       Many clients are confused regarding the use of Durable Powers of Attorney in their Estate Plan. In California we have two separate documents, the Healthcare Power of Attorney, known as the Advanced Healthcare Directive (AHCD). The Financial Power of Attorney is called the Uniform Durable Power of Attorney (UDPA).


Stephens Law Group
12526 High Bluff Dr.
Suite 200
San Diego, CA 92130
Phone: 858-314-8847
Fax: 858-792-0806
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Office Hours:
Monday-Thursday 9am-5pm
Friday 9am-1pm

Video of Jack Stephens' AV Preeminent Rating by Martindale-Hubbell

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