Thursday, October 24, 2013

Estate Plans Are For The Living

The brilliant young entrepreneur was so energetic and talented that you felt almost inadequate just by talking to him. Although married with children, he was the type of person that was so charismatic, women were drawn to him and men wanted to be his friend. Not only did he excel at several high risk business ventures, he also enjoyed a number of high risk sports. Unfortunately, the result of one of those sporting adventures was a traumatic brain injury that left him in a coma.  

Strangely, the fact that he did not die put his affairs into disarray. The business floundered and his family was put into a panic…..You see, his estate plan provided for transition of his company and protection of his family upon death but his planning did not anticipate the possibility of his own incapacity.  This was especially unfortunate because proper planning could have protected his business, provided for his family, and even made sure that he received better and more comfortable care during his time of incapacity.


It is not widely enough known that you do not necessarily have to use a Trust to accomplish these ends. You do not even need to anticipate death to make use of an Estate Plan. Ask if your estate planning lawyer knows how to help you protect your business and family in the event of incapacity with a “Springing Contingent Power of Attorney” and pass this word along to any entrepreneur who needs to know that estate plans are for the living.

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