• Skip to main content
  • Skip to footer
(212) 355-5255
Check Out Our Educational Videos
logo

Amato Law, PLLC

New York Estate Planning Attorney | New York

  • Home
  • Who We Are
    • About Our Firm
    • About Linda Amato
    • About The American Academy
  • Practice Areas
    • Blended Families/Remarriage
    • Charitable Gifting
    • Estate Planning & Divorce
    • Estate Planning For Women
    • Estate Tax Planning
    • Family-Owned Businesses
    • Gift Tax Figures
    • LGBTQ Estate Planning
    • Long-Term Care Planning & Elder Law
    • Minor Children And Young Adult Planning
    • Powers Of Attorney, Healthcare, And Emergency Documents
    • Probate & Trust Administration
    • Retirement & Inheritance Planning
    • Special Needs Planning
  • Resources
    • DocuBank
    • Estate Planning
      • Estate Planning Definitions
      • Estate Planning Reports
      • Estate Planning Check-Up
      • Incapacity Planning Definitions
      • Is Your Estate Plan Outdated?
      • Top 10 Estate and Legacy Planning Techniques
    • Elder Law Reports
    • Frequently Asked Questions
      • Estate Planning FAQs
      • Incapacity Planning FAQs
      • Probate & Trust Administration FAQs
    • LGBTQ Resources
    • Newsletters
    • Pre-Consultation Form
    • Seminars
    • 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 Definitions
  • Testimonials
    • Review Us
    • Our Reviews
  • Blog
  • Divorce Toolkit
  • Contact Us
  • Search

Incapacity Planning FAQs

Who will decide where I live?

A local judge would have to appoint a Guardian who would make that decision. Of course, the judge may not choose the same person you would have chosen.

Who will decide medical treatment issues?

Depending on the state, if your family members agree, they can make that decision. However, if family members disagree, you could be back with the local judge getting a Guardian appointed.

If I have no chance of recovery, will I be kept on life support?

Unless you have planned properly, you probably will be kept on life support. In most states, you will be kept on life support unless there is clear evidence you expressed wishes to the contrary; usually this requires something in writing.

How will my bills get paid?

Your family or friends must go to your local court and have someone appointed your Conservator. Again, this judge probably does not know you and may not appoint the same person you would choose. In the appointment process, people must testify in open court that you do not have the ability to care for yourself. It can be draining financially and emotionally. Your Conservator would have to report to the court for as long as you are disabled.

What happens if my investments need to be changed quickly due to market conditions or to reflect new circumstances and risk tolerance?

A court would have to appoint a Conservator. Nobody but the Conservator would be able to act for you.

What happens if my son needs his tuition paid while I’m disabled?

Again, if you haven’t planned, nobody can act for you until the court appoints a Guardian and/or Conservator for you. If bills, such as your son’s tuition, need to be paid in the interim, a friend or family member would have to use their savings or borrow to pay the bill.

How will my income tax return get filed?

If you are single, only your Conservator would have that authority.

Footer

logo

At our firm, our philosophy about working with clients is that we always provide personalized service from beginning to end. When you become a client of Amato Estate Planning, our goal is to provide a collaborative approach with your trusted advisors and provide the most effective solutions for your most complex matters.

Contact Info

Amato Law, PLLC.
667 Madison Avenue, 5th Floor
New York, NY 10065
Phone: 212-355-5255
Fax: 212-937-3379

Mon-Fri : 9:00am – 5:00pm

Our Location

Amato Law, PLLC location

Quick Links

  • About The Academy
  • Disclaimer
  • Privacy Policy
  • Sitemap
  • Contact Us

© 2023 American Academy of Estate Planning Attorneys, Inc All rights reserved.