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Incapacity Planning

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Last Will and Testament

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Purpose: To provide instructions for the distribution of an individual's estate after their death. Instructions for Use: A person must create the document while they are of sound mind, detailing how they want their assets distributed and naming an executor.

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Revocable Living Trust

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Purpose: To hold assets during your lifetime, with instructions for distribution upon your death. Instructions for Use: Transfer assets into the trust and name a successor trustee to manage them if you become incapacitated.

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Annual Gift Tax Exclusion

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Purpose: To reduce the size of your estate by gifting assets within the annual exclusion limit, thus avoiding gift tax implications. Instructions for Use: Take advantage of the annual per person gift tax exclusion to gift assets up to the limit each year without tax consequences.

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Living Will

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Purpose: To document your desires regarding medical treatment in situations where you can't communicate these wishes. Instructions for Use: Clearly outline your treatment preferences, particularly for end-of-life care.

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Guardianship

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Purpose: To provide legal authority for an individual to make decisions for a person who is incapacitated. Instructions for Use: File a legal proceeding in the appropriate court, demonstrate the need for guardianship, and have a guardian appointed.

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Designation of Guardian in Advance

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Purpose: To proactively choose who you would want as your guardian should the need arise. Instructions for Use: Legally nominate your preferred guardian, to be considered by the court if a guardianship proceeding becomes necessary.

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Gift Deed

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Purpose: To transfer property to another person without consideration, and to do so while avoiding probate. Instructions for Use: Create a legal document confirming the gift and the acceptance; it must be signed and delivered during the lifetime of the giver.

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Estate Plan

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Purpose: A comprehensive approach to manage assets, protect wealth, and plan for eventualities due to incapacitation or death. Instructions for Use: Regularly update your will, trusts, powers of attorney, and advanced directives as part of your estate plan.

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Irrevocable Life Insurance Trust (ILIT)

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Purpose: To exclude life insurance proceeds from the taxable estate, providing liquidity for heirs and estate expenses. Instructions for Use: Establish the trust and transfer ownership of your life insurance policies to it.

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HIPAA Authorization

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Purpose: To allow designated individuals to access your medical records and speak to health care providers on your behalf. Instructions for Use: Fill out a HIPAA authorization form and specify who you grant access to your medical information.

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Elder Law Attorney Consultation

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Purpose: To get expert legal advice on planning for incapacity and end-of-life issues. Instructions for Use: Schedule regular meetings with an elder law attorney to ensure your planning documents are up-to-date and reflective of your wishes.

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Health Care Proxy

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Purpose: To appoint someone to make medical decisions on your behalf if you're unable to do so. Instructions for Use: Choose a proxy and discuss your health care preferences with them.

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Special Needs Trust

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Purpose: To provide financial support for a disabled individual without affecting their eligibility for government benefits. Instructions for Use: Set up the trust and ensure that it stipulates the beneficiary will not have direct access to the funds.

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Medicaid Trust

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Purpose: To protect assets while establishing eligibility for Medicaid coverage of long-term care costs. Instructions for Use: Consult with a specialized attorney to properly structure the trust according to Medicaid rules.

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Life Estate Deed

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Purpose: To allow you to retain the right to use a property for the duration of your life while designating a remainderman to inherit the property directly. Instructions for Use: Create a deed that conveys a remainder interest while reserving a life estate for yourself.

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Durable Power of Attorney

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Purpose: To authorize a trusted person to handle your financial affairs if you become incapacitated. Instructions for Use: Select a reliable agent and specify when the power of attorney becomes effective.

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Conservatorship

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Purpose: To allow a court-appointed individual to manage the affairs of someone deemed unable to do so themselves. Instructions for Use: File a petition in court, prove the necessity for conservatorship, appoint a conservator.

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Joint Tenancy with Right of Survivorship

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Purpose: To ensure that upon the death of a co-owner, their interest in the property automatically passes to the surviving co-owner(s). Instructions for Use: Title assets in the name of the joint tenants with this explicit designation.

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Living Benefits Rider on Life Insurance

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Purpose: To allow for the early use of life insurance benefits in the case of terminal illness or other specified conditions. Instructions for Use: Add the rider to a life insurance policy, ensuring that funds could be accessed to cover expenses related to a critical illness or long-term care.

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Advance Health Care Directive

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Purpose: To convey your decisions about health care in advance, including end-of-life wishes and organ donation. Instructions for Use: Complete the form with your health care wishes, sign it in the presence of a notary or witnesses.

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