Recently Mark Gastineau, the New York Jets all time sack leader, told the public that he was diagnosed with dementia, Alzheimer’s disease, and Parkinson’s disease. Alzheimer’s disease is an awful disease that affects the brain and destroys memories and other important mental functions. He may not be able to recall family members or how to get dressed. It is an absolutely awful and debilitating disease. Alzheimer’s disease is a progressive disease and will eventually render Mark Gastineau incapacitated. There are two ways of dealing with incapacity. First planning in advance through advanced directives and second through a guardianship.
Due to this incapacity, Mark will have trouble taking care of his financial affairs and issues giving the doctor direction as to his treatment. With some basic estate planning, Mark could plan for this eventual incapacity. By executing a power of attorney and health care proxy a full guardianship can be avoided. These documents are called advanced directives. A power of attorney will allow an agent of your choice to take care of your financial matters. A health care proxy allows an agent to make medical decisions for a person if they are unable to give a doctor direction.
If there are no advanced directives in place, a court hearing called a guardianship may need to be commenced to help Mark with his financial affairs and medical decisions. A guardianship may be commenced by a loved one or a friend. The person commencing the hearing is called the petitioner. The petitioner must prove by clear and convincing evidence that a person alleged to be incapacitated (AIP) has functional limitations and is in fact incapacitated and in need of a guardian. To learn more about guardianships or have any questions, contact Ira K. Miller & Associates.