Incapacity Planning Definitions

Power of Attorney:

You empower someone else to act on your behalf. Technically, this person becomes your “Attorney in Fact,” but is more commonly referred to as your “Agent.”

General Power of Attorney:

Provides your Agent with broad authority. It says that at any time – and in just about any capacity – your Agent can conduct business in your name. The Agent can be given great discretion.

General Durable Power of Attorney:

This is a General Power of Attorney that remains valid even during your incapacity.

Durable Power of Attorney for Health (known in California as Advance Health Care Directive):

This document authorizes termination of life support if you are terminally ill and appoint an Agent, of your choice, to make health care decisions for you if you become incapacitated. In California a Durable Power of Attorney for Health is known as Advance Health Care Directive, this also incorporates a Living Will into this document. In California, you now have the option to register your Advance Health Care Directive with the California Secretary of State's office.  You may also choose to use a service, such as Docubank ,to store your Advance Health Care Directive in order to have access to the document in case of emergency.

Gifting Language:

Special language that may be drafted and included with your Trust document to give authority to gift assets to accomplish planning goals.

Medicaid/Medi-Cal Triggers:

These “triggers” or events can put into motion the shift of assets out of the name of the person who is incapacitated in order to qualify for Medicaid/Medi-Cal benefits.

Conservatorships/Guardianships:

This is the court-supervised proceeding which names an individual or entity to manage the affairs of an incapacitated person.

HIPAA Release:

The Health Insurance Portability and Accountability Act of 2003, known as “HIPAA,” created privacy protections for medical information which prevents hospitals and physicians from providing your personal health information to anyone that is not listed in a signed HIPAA Release. This release allows the Agents under your Advance Health Care Directive/Durable Power of Attorney for Health Care, and the Trustees under your Revocable Living Trust to carry out their duties.


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