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Preparing for the risk of mental incapacitation

When it comes to planning for a family's future, every estate plan should cover as many contingencies as possible. One of those contingencies is the chance of incapacitation or the inability to make decisions for oneself. Although no one likes to think of him or herself being in such a position, it is indeed a possibility and therefore, an estate plan must cover it.

In the event of mental incapacitation, for example, another family member will need to make decisions on behalf of the incapacitated person. Decisions over medical care and financial affairs will all need to be made, but without any plans made in advance, family members could become embroiled in disagreement over these decisions. Those disagreements could erupt into costly, emotional litigation, and this is exactly what a well-organized estate plan should attempt to avoid.

Choosing the correct person to have decision-making authority over one's affairs in the event of incapacitation could be difficult. The person should have sufficient life experience to make wise and informed decisions. The person should also have the physical and mental stamina to be in charge of another person's health and financial wellbeing like this. At Weinstein & Randisi, our estate planning attorneys know exactly what questions to ask to help estate planners determine who shall have decision-making authority.

Our attorneys are also experienced in New York estate planning law, and in drafting powers of attorney and wills that are appropriate to a particular estate planner's needs. Indeed, no two families are ever the same and, therefore, no two estate plans can ever be the same.

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  • I wanted to write to say how pleased my wife and I were at your professional handling of our estate planning and preparation of new wills. We were put at ease by your visit to our home for an interview and were pleased that you listened to us and captured the things that we felt were important.

    --Robert and Christine Simonson, Fairport
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    — Christine and Robert Simonson, Fairport
  • I have been working with Weinstein & Randisi for about two years now. Elizabeth Randisi, through a very thorough process, has helped my wife and me determine what is really important in our lives. Thus, we were able to draft a living will that reflected our most important values regarding our estate.

    --David and Ajia Cherry, Fairport
  • I would like to give a testimony for Elizabeth Randisi, an estate attorney with Weinstein & Randisi. Her knowledge of wills and estate planning was clearly demonstrated in her presentation to us. Realizing our need for a will, my husband and I went to see Elizabeth.

    --Kathy and Gary Gray, Webster
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    --Ajia and David Cherry, Fairport
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Weinstein & Randisi - estate planning

290 Linden Oaks, Ste. 200
Rochester, NY 14625

Toll Free: 800-768-1780
Phone: 585-310-1578
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