Emergency Planning
It is an unfortunate truth; People do not plan to fail but fail to plan.
Emergency planning can be considered in two different lights; 1. All estate planning is for emergencies and should be done by all responsible adults; and 2. If we are given enough time, and the person in need still has the capacity to act, we can provide rush services.
All too often we are called out to the hospital for emergency plans and writings. Please call us with your situation and we will see what we can do to help. These are sad, but necessary times, and we handle these times with the dignity, but urgency that is needed.
The prevailing factor is always whether or not we are too late. A determination needs to be made whether the person in the hospital has maintained or lost their capacity to act.
Do not wait until it is too late, call us now.
Frequently Asked Emergency Planning Questions
How quickly can you help with emergency estate planning if my loved one is in the hospital?
We provide rush services for emergency situations, but timing is critical. The key factor is whether your loved one still has the mental capacity to make legal decisions. Contact us immediately to evaluate the situation and determine if we can help with urgent estate planning documents.
What does it mean to “lose capacity to act” and how is this determined?
Losing capacity to act means a person is no longer mentally able to make sound legal decisions or understand the consequences of legal documents. This determination requires professional evaluation and certification of the person’s current mental state and ability to comprehend their choices. Once capacity is lost, certain estate planning options become unavailable.
Can I do estate planning for someone else who is unable to make decisions?
No, you cannot create estate planning documents for another adult who has lost mental capacity. Estate planning must be done while a person is still able to understand and make their own legal decisions. This is why early planning is crucial before any medical emergencies arise.
What basic estate planning documents should every adult have in place?
Every responsible adult should have at minimum a will, durable power of attorney, and advance healthcare directive. These fundamental documents ensure your wishes are known and legally protected while designating trusted people to make decisions if you become incapacitated. For those with property in excess of the state statutory minimum (CA = $61,500 for real estate, $184,500 for personal property such as cash or investment accounts).
Integrity and Expertise at the Core of Our Legal Services
With decades of professional expertise, David R. Schneider, APC blends deep community ties with a wealth of experience. From running a successful business to excelling in the legal field with top grades and honors, David’s extensive knowledge ensures comprehensive and trusted legal support. His lifelong commitment to the Conejo Valley and its residents is your assurance of reliable and heartfelt service. Choose a legacy of excellence for your legal needs.