The Office of Racine Olson

It's Only a Problem If
You Don't Have a Solution.

Get a Free Consultation

Mental Incapacity

Estate Planning in Idaho isn’t just about giving away your money, and stuff. It is also planning for your own future to provide you with the protections you might need later in life. Our Estate Planning Lawyers in Idaho understand that as a society, we are living longer than ever before. However, with a longer life comes the increased chance that we will have some sort of mental incapacity in our elderly years and will need help. Our Estate Planning Attorneys understand the problems that can arise for you individually and can help you and your family plan for and avoid the expensive and sometimes destructive problems that arise with mental incapacity.

We have decades of experience in helping clients customize their Idaho Estate Plan so that they are prepared in the event mental incapacity occurs. Our Estate Planning Attorneys in Idaho includes a team of partners Randy Budge and Lane Erickson and attorneys Matt Stucki, Nathan Palmer and Dave Bagley who have received the highest ratings from Martindale and Hubbell, AVVO and Justia for their ethics and legal ability as Idaho Estate Planning Attorneys. We have the experience and the ability to help you.

Types of Mental Incapacity

Alzheimer’s, strokes, injuries, dementia and other elderly health and/or mental health conditions are just a few of the types of mental incapacity that are at an all-time high. Each one of these creates unique needs and problems that must be dealt with by a family. However, with a proper Estate Plan in place you can address these unique needs and can avoid nearly all of the problems that can arise, including the handling of your financial, business, health care, and others daily life affairs, if you ever become mentally incapacitated and are unable to make these decisions for yourself.

The Problem With Mental Incapacity for Your Family

While you have mental capacity the law protects you and allows you to take care of all of your own daily life affairs. You have the ability to decide for yourself how you deal with your money, businesses, healthcare, and other areas of your life. However, if you develop a mental incapacity and are suddenly unable to take care of these things for yourself, there is a problem. In the instance described above if you do not have proper Estate Plan in place a legal guardian will have to be named for you, so that your finances, property, health care and daily life affairs and basic life decisions can be made by another person.

A guardianship is a legal proceeding in Court where a guardian is named for you. A legal guardian is tasked with the responsibility of caring for the individual. A legal conservator is tasked with the responsibility of caring for that individual’s property and finances. Many times, one individual fulfills both roles. However, with an estate that is complex it is possible that there could be more than one person who are named to fulfill these responsibilities.

The problem is that a guardianship proceeding is often expensive and time-consuming. More importantly, a guardianship proceeding creates a situation where family members may not agree on who should be named as your legal guardian which can lead to family fights and lengthy, expensive litigation. All of this can be avoided through completing an Estate Plan.

How You can Solve the Problem of Mental Incapacity

Our Estate Planning Attorneys in Idaho can help you solve the problem of mental incapacity by completing an Estate Plan. A basic Idaho Estate Plan includes not only a Last Will and Testament which gives away your property, but it also includes a Durable Power of Attorney for finances, and a Power of Attorney for Health Care. It will also include a Living Will which gives a person the ability to make end-of-life decisions.

The powers of attorney listed above are critical because they give the individual the ability, while they have capacity, to determine who they want to name to care for them and their property if they suddenly become unable to do it themselves. This allows the individual and their family to avoid having to do a guardianship and conservatorship proceeding in court. More importantly, having proper durable Powers of Attorney eliminates any arguments or family fights about who should be named as your guardian. Additionally, having an entire Estate Plan provides benefits beyond caring for you while you are alive and yet it is far less expensive than these types of legal proceedings.

Enlist an Idaho Estate Planning Attorney to Help You

Avoiding the problems that can come with mental incapacity is not difficult when you have the right help. The Idaho Estate Planning Attorneys at the Racine Law Office are here to help you and your family when you need it the most. We are available to discuss your options and answer your questions at an initial free consultation. Call us toll free at 877-232-6101 or 208-232-6101 for a free consultation with the Racine Olson team of Estate Planning attorneys in Idaho. You can also email us directly at We will answer your Idaho Estate Planning questions and will help you solve your Idaho Estate Planning problems.

Client Reviews
"When it comes to our business work, we trust Racine Olson.”
“Randy has been our family’s attorney for many years. I’ve not only retained Randy to help with our family business, but I’ve used Randy and his firm in more than one complicated issues. I’ve never been disappointed.” Shawn - Previous Client
"Pat George, well there is so much I can say…. EXCELLENT lawyer! He leaves no stones unturned. If you are in need of an excellent Lawyer I would highly recommend Pat George. He turned a life threatening accident into a life changing event.” Personal Injury Client
"The attorneys here are just fantastic my dad and I are big fans…they are the best in Pocatello. I have lived in Poky my whole life” Previous Client
“I had been to many other law firms concerning my case. They were willing and able to help me out and I feel confident that they will do what is best for me.” Previous Client
"Fred Lewis is very knowledgeable, courteous, and efficient in explaining everything you need to know to help you win your case. He truly cares about you as a person and is on your side." Workers' Compensation Client