Ensuring Trusted Decision-Making for the Future
Capacity & Competency Legal Planning in Ellicott City, MD
Plan Ahead for Life’s Unexpected Challenges
As we age or face health challenges, decision-making ability can become compromised due to cognitive decline, disability, or serious illness. Without a proper legal plan, families may struggle to determine who can make medical, financial, or personal decisions on behalf of a loved one.
At Limsky Law Group, we help individuals and families in Ellicott City, Howard County, and throughout Maryland create legally binding solutions to ensure that trusted individuals are authorized to act when needed. Whether you're planning ahead or addressing an immediate need, our experienced capacity and competency planning attorneys are here to guide you with clarity and compassion.
Protect your future decision-making today.
How We Help with Capacity & Competency Planning
Powers of Attorney & Healthcare Directives
Ensure that the right person can make important decisions on your behalf. We assist with:
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Financial Power of Attorney – Appoint someone to manage financial and legal affairs.
✔ Healthcare Power of Attorney – Designate a trusted individual to make medical decisions.
✔ Advance Medical Directives & Living Wills – Outline your healthcare preferences in writing.
Guardianship alternatives
When a loved one is unable to manage their own affairs, court-appointed oversight may be necessary, unless a less restrictive alternative is appropriate. We provide guidance regarding:
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Capacity Requirements – Determine whether an individual has sufficient competency to prepare estate planning documents.
✔ Supported Decision-Making – Establish formal support systems enabling an individual to make their own choices with the guidance of a trusted individual.
✔ Representative Payee Status – Guidance through the process of becoming the representative payee.
Dementia & Cognitive Decline Planning
Legal strategies for individuals diagnosed with dementia (e.g., Alzheimer’s disease, Parkinson's disease, vascular dementia, Lewy body dementia, and frontotemporal dementia) or cognitive impairments. We help with:
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Proactive estate planning before mental capacity declines.
✔ Trusts & asset protection for long-term care planning.
✔ Legal safeguards to prevent financial abuse or exploitation.
FAQ: Capacity & Competency Planning
What is the difference between a Power of Attorney and a Guardianship?
A Power of Attorney (POA) allows an individual to appoint someone before they become incapacitated, while a Guardianship is a court-ordered process when someone is already unable to make decisions. Planning ahead with a POA can often avoid the need for a guardianship.
When should I create an Advance Medical Directive?
The best time is before a medical crisis occurs. Advance Medical Directives allow you to state your healthcare preferences in writing, ensuring your wishes are followed if you become unable to communicate them.
How do I protect a loved one from financial exploitation due to cognitive decline?
Legal safeguards such as revocable trusts, financial POAs, and guardianships can help protect vulnerable individuals from fraud, undue influence, and financial abuse.
What happens if my loved one refuses to sign a Power of Attorney but needs help?
If someone has already lost the mental capacity to sign a POA, the next step is to file for guardianship through the court. Our attorneys can guide you through determining whether guardianship is appropriate to ensure the right protections are in place.
Still have questions? Let’s talk.
Protecting your future starts with a solid legal plan.
Our experienced attorneys in Ellicott City and Howard County are here to help you create a clear, legally sound plan to protect your healthcare, finances, and personal decision-making for the future.
Take the first step today.