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Modern Estate Planning Blog

Elder Law & Special Needs Planning

How Do I Plan for an Unexpected Disability? | Living Will Attorney in Sacramento

February 25, 2011

When most people think about estate planning, they think about the distribution of assets upon death.

But what happens if you become mentally incapacitated and unable to make decisions for yourself? You may be thinking, “My spouse has an idea of my wishes and can handle the major decisions that need to be made.” This thought may be absolutely true – in the present while you are still well.

Unfortunately, tragic accidents or other life-altering events can change things. So can the input and influence from other family members. In order for your wishes to be preserved, the best thing to do is to put them in writing.

There are many tough questions that need to be answered when planning for the worst. But as hard as it is to imagine a tragedy happening that would leave you unable to care for yourself, it would be even harder on your spouse or other family members if they had to face the difficult task of guessing what your wishes are.

So take a deep breath and ask yourself, “What if something terrible happened to me?”

Then answer the following questions:

  • Who would I want to make medical decisions on my behalf?
  • If I were in a coma, would I want to be taken off of life support, or how long would I want to stay on life support?
  • If medical procedures were available to save my life, but would leave me unable to communicate or care for myself, would I want those procedures?
  • Who would I want to take care of me?
  • Who will care for my children?
  • Who will take care of my home and my other assets?
  • Will I need a conservator or legal guardian? What all does this responsibility entail?
  • Will my significant other or my parents be able to take care of me?
  • What kind of resources do I have to help with my care (i.e., good health insurance, long-term care insurance, etc.)

After you compile the answers to these questions, you must figure out a plan of attack. While the likelihood that you will endure a tragic accident may be slim, it is still important to have a plan in place. Let an experienced Sacramento will attorney help you. Here at the Chubb Law Firm, we deal with these issues on a daily basis, and we are dedicated to helping families plan for the worst so that they can focus on the best. Contact us today at by calling (916) 241-9661 to schedule a free Peace of Mind Planning Session (normally $750) with the mention of this article.

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Heather helped my mother get her estate in order before her passing. It was only after that we learned just what a great job Heather did. Recently, I had the opportunity to have the Chubb Law Firm help me also with my estate. I feel confident that Heather and her team helped me to consider all of the appropriate options and to make the right choices including options I DIDN'T KNOW I HAD! This is the kind of law firm one imagines when you think about getting good legal advice.

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