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Trust in Trusts: Your Safety Net in Times of Incapacity

Connor Kelley • October 17, 2023

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While it's natural to focus on the joys and successes, it's just as important to prepare for the unexpected twists that can come our way. Incapacity due to illness, accident, or the challenges of aging is one such curveball that, while difficult to think about, can be managed wisely with the help of trusts. So, let's delve into how these financial tools can be a reassuring safety net, all with a light-hearted touch.


Trusts: Your Incapacity Allies

You might have heard of trusts in the context of estate planning and wealth management, but they can be your unexpected heroes during times of incapacity. Trusts offer a range of benefits that can be particularly valuable in such situations.


Trusts: A Quick Primer

Before we jump into their role during incapacity, let's clarify what a trust is. A trust is a legal arrangement in which one person, known as the grantor, places assets under the control of another person or entity, the trustee, to manage those assets for the benefit of specific individuals or purposes, known as beneficiaries. Now, let's see how this legal tool comes into play when incapacity strikes.


Trusts in Action During Incapacity

Seamless Asset Management

During incapacity, financial affairs often take center stage. A revocable living trust, a popular type of trust, allows you to name a successor trustee. This individual steps in to manage your assets when you're unable to do so. The beauty of this arrangement is that it ensures continuity in asset management. Bills get paid, investments are looked after, and your financial well-being remains intact.


Privacy Protection

Incapacitation is a personal and often sensitive matter. Unlike a will, which goes through a public probate process, a trust remains private. This means your personal and financial details are kept confidential. Your family's affairs remain within the circle of trust.


Healthcare Support

While trusts primarily deal with financial matters, they can extend their hand to healthcare decisions too. By including a healthcare directive within your estate plan, you can appoint someone to make medical choices on your behalf if you're unable to do so. This ensures that your healthcare preferences are respected even during incapacity.


The Light Side of Trust Planning

Creating a trust doesn't have to be a somber or intimidating experience. In fact, it can be a liberating and creative endeavor.


Family Conversation

Start by involving your family or loved ones in the process. Openly discuss your trust plan with them, ensuring that your wishes are well-understood. It's a way to bring everyone on board and reduce any worries.


Empowering Loved Ones

Think of a trust as a tool to empower your loved ones. You're not giving up control; you're extending a helping hand to those you trust most. Trusts make sure they have the resources and legal support to manage your affairs efficiently.


Tailored Flexibility

Trusts offer flexibility in how you structure asset management. You can get creative with your terms, deciding when and how beneficiaries receive assets. This allows you to make sure your loved ones are well taken care of, aligning with your unique instructions.


Creating a trust is a forward-thinking and responsible step in securing your future. It's a way to protect your interests during times of incapacity and maintain your privacy. Don't hesitate – consult with an estate planning attorney to explore how a trust can be tailored to your specific needs. Approach this with a positive mindset, knowing that you're proactively taking control of your future, no matter what it may hold. With a trust by your side, you can rest easy, knowing you've got a reliable safety net.


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