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Incapacity Planning

Serious illness or injury can strike anyone at any time, although the chances of a major medical crisis increase as you age. For most people, their biggest fear is becoming incapacitated- unable to manage their own affairs and make medical or financial decisions on their own behalf. Incapacity is scary, but if you plan for what happens in this worst case scenario, you’ll maintain a measure of control and can ensure you maintain your dignity no matter what the future brings.

If your goal is to protect yourself in the event of incapacity, Barbara M. Pizzolato can help you to achieve that goal by creating a comprehensive plan. Call today to find out how a Southwest Florida incapacity planning lawyer can help and to get answers to questions including:

• When should I create a plan in case of incapacity?
• What is involved in incapacity planning?
• How can a Southwest Florida estate planning lawyer help?


Many people create a plan for incapacity only after they are diagnosed with a life-threatening illness or as they are aging and beginning to think about end of life issues. The reality, however, is an accident or unexpected medical problem could leave anyone of any age unable to communicate or care for themselves. You want your wishes known and respected, and having an incapacity plan in place ensures you control your own destiny and your family is not put into a difficult situation. If you have not already begun incapacity planning, now is the time to start- don’t wait until you need a plan because by then it could be too late.


Incapacity planning involves using available legal tools to determine what happens to you when you can no longer speak with your own voice. Incapacity planning may include:

The creation of a living will or advanced healthcare directive, which determines what life-saving or emergency medical care you will undergo.

The creation of a durable power of attorney, which allows you to name an agent who is able to manage your affairs and look out for your interests if you become badly ill or injured.

The creation of a healthcare power of attorney, which lets you name someone who will make other medical decisions not specified in your living will if you are not able to consent to care.

Incapacity planning is often done in conjunction with the creation of a comprehensive estate plan – but it doesn’t have to be. Barbara M. Pizzolato can assist in keeping you secure in an uncertain future through incapacity planning, long-term care planning, legacy planning, and beyond.


For close to 30 years, Barbara M. Pizzolato has been providing representation to clients of all ages who wish to plan ahead in case of incapacity. Don’t leave your family struggling to get guardianship and make tough choices in a terrible time. Call today to get compassionate and knowledgeable legal advice from a lawyer who can help you with the right plan.

Fort Myers (Main Office):

8660 College Pkwy

Suite 400

Fort Myers, FL 33919

P: (239) 225-7911

F: (239) 221-0279



By Appointment only

New Jersey Office:

c/o Richard A. Feldman, Esq.

80 Main Street, Suite 140

West Orange, NJ 07052

P: (866) 817-4713

F: (239) 221-0279

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The information on this Law Firm website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. This information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.