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Why Everyone Needs An “Incapacity Plan”

3 Experts Share Tips for Protecting Yourself & Your Assets

Dementia has become the No. 1 cause of disability globally, according to the World Health Organization. Characterized by symptoms like cognitive decline such as memory loss, dementia is a tough condition to deal with, whether you’re personally facing a diagnosis or a loved one is. Stroke, which can also profoundly impair judgment and decision-making, stands at No. 2.

“This year, 7.7 million new cases of dementia will be diagnosed, and 15 million people will suffer a stroke,” says CPA Jim Kohles, chairman of RINA accountancy corporation, (www.rina.com). “By the time dementia symptoms become apparent, their competence may already be affected. Strokes, as we know, can be tragically sudden.”

While many people carefully plan for retirement and what will become of their estate after death,too few provide for that middle ground – incapacity, adds attorney John Hartog of Hartog & Baer Trust and Estate Law.

What exactly does incapacity mean, however? Simply put, incapacity means you’re unable to manage your affairs — such as your financial and retirement planning — without significant help. You might forget your original intentions or have trouble deciding what to do with your wealth.

Although incapacity doesn’t affect everyone, it’s something that should certainly be considered, even if you don’t think it can happen to you. In fact, many people fail to prepare for this outcome. Luckily, there are countless easy to plan for incapacities, such as with a healthcare or property power of attorney, a revocable living trust, or disability insurance.

“We should plan for incapacity, and if it never comes into play that’s wonderful,” says wealth management advisor Haitham “Hutch” Ashoo, CEO of Pillar Wealth Management, (www.pillarwm.com).

Incapacity planning ensures you’re able to speak for yourself in all decisions, from your medical care to financial affairs. Here are three steps everyone should take, from the accounting, legal and financial perspectives.


“The likelihood of something happening that affects your ability to work is high, so you really should carry disability insurance,” says accountant Jim Kohles. How you pay for it can have different tax impacts.

If you purchase it through your business, whether as owner or employee, you can take a tax deduction on the premiums. But that means any claims paid will be taxable. If you pay with post-tax dollars, any bene!ts are not taxable.

“The difference in saving taxes on $200 a month in premiums versus $5,000 a month in benefits is significant,” Kohles says. Kohles also cautions that more new policies now are capped at 10 years of payments – not lifetime. So be sure you understand the terms.

These include a durable power of attorney for financial affairs and an advanced health care directive for medical decisions, says attorney Hartog.

Name the people – the “agents” — who will be responsible for implementing those decisions, and draw up a document that delineates their responsibilities and powers. Choose people in whom you have a great deal of faith and trust. “People need to remember they’re going to be vulnerable – you don’t want to pick someone if you have a quiver of doubt about them,” he says.

One safeguard is to name an agent, and a second person to whom the agent must report. “Just the idea that you have to report keeps people honest,” Hartog says.

In some states, the government provides forms so people can prepare these documents themselves, although Hartog suggests at

least consulting with an attorney.



“Typically, one spouse is in charge of the finances, and the other takes a back seat, or even a no seat,” says wealth management advisor Ashoo. “The non-involved person needs to understand how the finances are arranged and planned, and he or she needs to be very comfortable with the family’s advisors.”

This will prevent a nightmare during an already stressful time should the involved spouse suddenly become incapacitated. Although this might sound nerve-wracking to a spouse who doesn’t like handling finances, financial management is wholly necessary. Don’t let financial planning make you nervous.

If you’re in need of a financial planner, start by looking for local financial advisors in San Francisco. Wherever you live, there is a wealth of advisors who have studied and have experience helping people just like you.

Both spouses should attend meetings with the family’s advisors, even if one spouse doesn’t fully understand or isn’t interested in all the details. “If something happens, they will know who to call and what to do,” Ashoo says. “They’ll avoid a nightmare. That’s the peace of mind I want for my clients.”

All three experts stress the importance of having these provisions in place long before you think you’ll need them.

“Younger people have a higher chance of becoming disabled before they die, and they’re usually the people who haven’t planned for that at all,” says Kohles.

When you’re young, you often feel invincible, and that’s perfectly fine — so long as you’re adequately prepared for the unexpected, such as becoming incapacitated. It might be difficult to think about, but in the long run, it’s always better to be safe than sorry. Or in this case, prepared for anything.

US Bank Wealth Management