As estate-planning professionals, we help clients plan in the event of incapacity, not just death. While clients may come into our offices worried about death and taxes, we educate them that equally worrisome, and sometimes far more legally complicated, is incapacity. We proceed to help them guard against it by using our main- stay advance directives: health care proxies, livings wills and powers of attorney. But are we using all of the advance directives available to us? One often unknown and underutilized directive is the psychiatric advance directive (PAD).
As you may be aware, Congress is working on a reconciliation bill (the “Bill”) which has tax components that could affect your current estate plan.