• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
  • Our Promise to You During COVID-19/Coronavirus
    • Home
    • Our Firm
      • About Our Firm
      • Attorney and Staff Profiles
      • Speaker Connection
    • Services
      • Asset Protection & Business Planning
      • Elder Law & Medicaid Services
      • Estate Planning Services
      • Financial Planning Assistance
      • Incapacity Planning
      • IRA & Retirement Planning
      • Legacy Planning
      • LGBTQ Estate Planning
      • Probate
      • SECURE Act
      • Special Needs Planning
      • Wills & Trusts
    • Elder Law
      • Coping with Alzheimer’s
      • Guardianship and Conservatorship
      • Medicaid Crisis Planning
      • Medicaid Planning
    • Seminars
    • Webinars
    • Resources
      • Elder Law Resources
        • Elder Law & Medicaid Definitions
        • Elder Law Reports
      • Estate Planning Resources
        • Estate and Gift Tax Figures
        • Estate Planning Articles
        • Estate Planning Definitions
        • Estate Planning Reports
          • Advanced Estate Planning
          • Basic Estate Planning
          • Estate Planning for Niches
          • Trust Administration
        • Estate Planning Worksheet
        • Is Your Estate Plan Outdated?
      • Free Consultation
      • Free Estate Planning Seminars
      • Frequently Asked Questions
        • Estate Planning FAQs
        • Trust Administration & Probate FAQs
      • Newsletters
      • Our Client Care Program
      • Pre Consultation Form
      • Professional Resources
        • Educational Alerts
    • Reviews
      • Our Reviews
      • Review Us
    • Contact Us
    • Blog

    McGee Law Firm

    Your Resource for Estate Planning, Elder Law and Medicaid / VA Planning

    Call Us Today 817-899-3286
    • Facebook
    • Instagram
    • LinkedIn
    • YouTube
    Attend a Free Seminar
    Attend a Free Webinar
    Estate Planning Webinar
    Nursing Home Webinar
    Home / Estate Planning / Incapacity Planning / Incapacity Planning Definitions

    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 and Living Will:

    These documents authorize 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.

    Gifting Language:

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

    Medicaid 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 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.

    Primary Sidebar

    FREE ESTATE PLANNING WORKSHEET

    There's a lot that goes into setting up a comprehensive estate plan, but with our FREE worksheet, you'll be one step closer to getting yourself and your family on the path to a secure and happy future.
    • This field is for validation purposes and should be left unchanged.

    Follow us

    • Facebook
    • LinkedIn
    • YouTube

    TESTIMONIALS

    -Rebecca Javins
    Client Review
    September 2, 2020
        

    I am so glad I was fortunate enough to be referred to Brandon McGee. He listened to my needs and developed an estate plan that is comprehensive and addresses all my needs and concerns. I highly recommend him and his firm. I sleep much better now knowing everything is in place.

    default image
    -Rebecca Javins

    Fort Worth Address

    Fort Worth
    810 W. 10th Street
    Fort Worth, TX 76102
    United States (US)
    Phone: (817) 899-3286
    See Larger mapGet Directions

    Fort Worth Map

    map

    Southlake Address

    Southlake
    101 River Oaks Dr., Ste. 110
    Southlake, Texas 76092
    United States (US)
    Phone: (817) 899-3286
    See Larger mapGet Directions

    Footer

    • Advantages of Working With our Firm
    • About the American Academy
    • Disclaimer
    • Sitemap
    • Contact Us

    Connect to Us

    • Facebook
    • Instagram
    • LinkedIn
    • YouTube
    footer logo

    © 2021 McGee Law Firm
    All Rights Reserved