Decades of Experience

to Leverage for Your Needs

Planning for Incapacity FAQs

You are always well prepared when I have any papers to be signed, efficient and friendly. Office staff are always nice, knowledgeable! 5 stars.

- T.F. and J.F., New Berlin, WI

Very Professional and pays attention to details.

- W.N. and K. N., Waukesha, WI

- J.D. and A.D., Mukwonago, WI

- D.T. and M.T., Wales, WI

We were delighted with your service, and especially your working from home (exchanging emails at 10:00 p.m. the night before to complete paperwork before our morning meeting the next day). And: you’re a Marquette graduate. What’s not to like about that? 5 stars.

Attorney Duffey was extremely well versed and knowledgeable about all aspects of creating a trust for myself and my wife. He brought issues to our attention that we had not thought of. I would not hesitate to take advantage of his services in the future or to recommend him to anyone looking for legal services. His staff was also very helpful and friendly at all of our meetings. We give them a 5-star rating!

- M.K., Franklin, WI

My estate planning experience with Joe Duffey's firm was professional, respectful and efficient. Staff was personable and supportive. In meetings, Joe Duffey was focused, knowledgeable, an active listener and patient...never felt rushed. I especially appreciated phone calls being returned in a timely manner. Essential to the process, he translated the "law's jargon" into language easily understood. 5 stars.

- C.W. and D.W., Brookfield, WI

Attorney Joseph P. Duffey was a pleasure to work with in every capacity. He and his staff have done an excellent job to my satisfaction. 5 stars.

- S.Q., Milwaukee, WI

- D.W.

Great Work and Fast


Duffey Law Office, S.C. does great work. Joe knows exactly how to guide me in the right direction on where I need to be. I would highly recommend Joe Duffey to anyone!

- T.F. and J.F., New Berlin, WI

My estate planning experience with Joe Duffey's firm was professional, respectful and efficient. Staff was personable and supportive. In meetings, Joe Duffey was focused, knowledgeable, an active listener and patient...never felt rushed. I especially appreciated phone calls being returned in a timely manner. Essential to the process, he translated the "law's jargon" into language easily understood. 5 stars.

A: A Family Limited Partnership (FLP) is simply a form of limited partnership among members of a family. A limited partnership is one that has both general partners (who control management) and limited partners (who are passive investors). General partners bear unlimited personal liability for partnership obligations, while limited partners have no liability beyond their capital contributions. Typically, the partnership is formed by the older generation family members who contribute assets to the partnership in return for a small general partnership interest and a largely limited partnership interest. Then the limited partnership interests are transferred to their children and/or grandchildren while retaining the general partnership interests that control the partnership.
The FLP has a number of benefits: transferring limited partnership interests to family members reduces the taxable estate of the older family members while they retain control over the decisions and distributions of the investment. Since the limited partners cannot control investments or distributions, they can be eligible for valuation discounts at the time of transfer which reduces the value of their holdings for gift and estate tax purposes. Lastly, a properly structured FLP can have creditor protection characteristics since the general partners are not obligated to distribute the earnings of the partnership.

Q: What Is a Durable Power of Attorney?

A: A Durable Power of Attorney is a document that empowers another individual to carry on your financial affairs in the event you become disabled or incapacitated. Without a Durable Power of Attorney, it may be necessary for one of your loved ones, including your wife or adult child to petition a court to be appointed guardian or conservator in order to make decisions for you when you are incapacitated. This guardianship process is time consuming, expensive, often costing thousands of dollars and it can be emotionally draining for your family.


There are generally two types of durable powers of attorney: a present Durable Power of Attorney in which the power is immediately transferred to your attorney in fact; and a springing or future Durable Power of Attorney that only comes into effect upon your subsequent disability as determined by your doctor. When you appoint another individual to make financial decisions on your behalf, that individual is called an agent or attorney in fact. Most people choose their spouse or domestic partner, a trusted family member, or friend.

Q: Who Can Establish a Power of Attorney?

A: Generally, any individual over the age of majority and who is legally competent can establish a Power of Attorney.

Q: Who May Act as An Agent Under a Power of Attorney?

A: In general, an agent, or attorney in fact, may be anyone who is legally competent and over the age of majority. Most individuals select a close family member such as a spouse, sibling or adult child, but any person such as a friend or a professional with an outstanding reputation for honesty would be ideal. You may appoint multiple agents to serve either simultaneously or separately. Appointing more than one agent to serve simultaneously can be problematic because if any one of the agents is unavailable to sign, action may be delayed. Confusion and disagreement between simultaneous agents can also lead to inaction. Therefore, it is usually more prudent to appoint one individual as the primary agent and nominate additional individuals to serve as alternate agents if your first choice is unwilling or unable to serve.

Q: What Is a Durable Power of Attorney for Health Care?

A: The law allows you to appoint someone to decide about medical treatment options if you lose the ability to decide for yourself. You can do this by using a "Durable Power of Attorney for Health Care" or Health Care Proxy where you designate the person or persons to make such decisions on your behalf. You can allow your health care agent to decide about all health care or only about certain treatments. You may also give your agent instructions that he or she has to follow. Your agent can then make sure that health care professionals follow your wishes and can decide how your wishes apply as your medical condition changes. Hospitals, doctors and other health care providers must follow your agent's decisions as if they were your own.

Q: What Is a Living Will?

A: A Living Will informs others of your preferred medical treatment should you become permanently unconscious, terminally ill, or otherwise unable to make or communicate decisions regarding treatment. In conjunction with other estate planning tools, it can bring peace of mind and security while avoiding unnecessary expense and delay in the event of future incapacity.

Q: What Is a HIPAA Authorization?

A: Some medical providers have refused to release information, even to spouses and adult children authorized by the Healthcare Power of Attorney on the grounds that the 1996 Health Insurance Portability and Accountability Act, or HIPAA, prohibits such releases. Therefore, as part of your incapacity planning, you should sign a HIPAA authorization form that allows the release of medical information to your agents, successor trustees, family or any other individuals you wish to designate.

Get Started Today

Fill out the attached form to request a free consultation with our attorney.