By Matthew Hart, Esq.

Why do I need to meet with an Estate Planning Attorney? I get asked this question frequently by adult of all ages. There are two very important phases of your life. During these phases you will not have control over your money or health decisions. Therefore, it is very important to plan for these phases and that is where an Estate Planning Attorney comes in. The Estate Planning Attorney puts on paper who you want to make decisions for you when you cannot be in control.

The first phase can occur while you’re alive but have lost capacity. Losing capacity may be for a relatively short time such as after a car accident where you might be hospitalized for a few months and not able to care for yourself. Losing capacity may be permanent; the most typical situation described would be having Alzheimer’s or Dementia which is commonly associated with old age.

However, I have encountered younger people who have had traumatic brain injuries and other permanent debilitating health conditions which struck while they were in the prime of their life. The second phase is at your death, at the risk of stating the obvious you have no control over your money upon death. I will discuss next month how to plan for the first phase, incapacity during your lifetime.

Matthew Hart is a California Licensed Attorney who is an Estate Planning, Trust & Probate Law Specialist certified by the State Bar of California. He can be reached at 925-754-2000 or www.MatthewHartLaw.com and he has offices in Antioch and Walnut Creek.

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