• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
Head-Logo

Terry Law Firm

PLAN FOR YOUR FUTURE AND PROTECT YOUR LEGACY

Call Us Today (253) 299-6800
Attend a Free Seminar
  • Home
  • Who We Are
    • About Our Firm
    • Attorney Profile
    • About The American Academy
    • Advantages of Working With Our Firm
    • Speaker Connection
  • Estate Planning
    • Business Owners & Asset Protection
    • Estate and Gift Tax Figures
    • Family-Owned Businesses
    • Financial Planning Assistance
    • Incapacity And Caregiver Support
    • IRA Inheritance Planning
    • LGBTQ+ Estate Planning
    • Medicaid And Elder Law Services
      • Are You A Caregiver?
      • Coping With Alzheimer’s
      • Emergency Medicaid And Nursing Home Planning
      • Guardianship And Conservatorship
      • Hospice Care
      • Options for Paying for Nursing Home Care
      • Planning Ahead For Medicaid Qualification
      • Veteran’s Benefits
    • Minor Children And Young Adult Planning
    • Outdated Estate Planning Documents
    • Options for Paying for Nursing Home Care
    • Powers Of Attorney, Healthcare And Emergency Documents
    • Probate And Trust Administration
    • Remarriage And Blended Families Protection
    • SECURE Act
    • Special Needs Planning
    • Wills And Trusts
  • Personal Injury
    • Bicycle Accidents
    • Boating Accidents
    • Brain & Spine Injuries
    • Car Accidents
    • Dog Bite
    • Motorcycle Accidents
    • Pedestrian Accidents
    • Premises Liability
    • Truck Accidents
    • Wrongful Death Claims
  • Resources
    • DocuBank
    • Estate Planning Resources
      • Estate Planning Definition
      • Estate Planning Reports
      • Estate Planning Check-Up
      • Incapacity Planning Definitions
      • Is Your Estate Plan Outdated?
      • Top 10 Estate Planning Estate
    • Elder Law Reports
    • Frequently Asked Questions
      • Estate Planning FAQs
      • Incapacity Planning FAQs
      • Probate & Trust Administration FAQs
    • LGBTQ+ Resources
    • Legacy Wealth Planning Pre-Consultation Form
    • Special Needs Resources
    • Trust Administration And Probate Resources
      • Bereavement Resources
      • How to Know if You Need Extra Help With Your Grieving
      • The Mourner’s Bill Of Rights
      • Things You Need To Do When A Loved One Passes Away With A Trust
      • Things You Need To Do When A Loved One Passes Away With A Will
      • Trust Administration & Probate Resources
  • Workshops
  • Blog
  • Reviews
    • Review Us
    • Our Reviews
  • Contact

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.

Medi-Cal 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 Medi-Cal 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

Search

Blog Subscription

  • This field is for validation purposes and should be left unchanged.

Plan For Your Future And Protect Your Legacy

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.

Untitled

Map/Location

Footer

Where We Are

Terry Law Firm
15306 Main St E, Ste B
Sumner, WA 98390
Phone: (253) 299 6800

  • Facebook
  • LinkedIn

Map

map for LTerry Law Firm

© 2025 · American Academy of Estate Planning Attorneys, Inc. | Disclaimer | Privacy Policy | Sitemap | Contact Us

Do You Need a Probate Attorney?

Do you have a Will?
Are you currently stuck in probate for a loved one?
Texting Permission