December 18

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The Importance of Incapacity Planning

By Adam

December 18, 2018


Incapacity Planning Attorney

No one wants to think about a time when they may be unable to make and communicate their decisions. That is one of the main reasons incapacity planning is so often overlooked or put off indefinitely. Incapacity planning, however, is so vitally important and should be done as soon as possible. You may be young and you may be in good health, but these are not reasons to forego planning for incapacity. The stark reality of life is that accidents happen. Sudden illnesses happen. These are things that are out of our control, but you are in control of incapacity planning.

The Importance of Incapacity Planning

When discussing the importance of incapacity planning, it can be helpful to take a look at what incapacity planning actually looks like. A solid plan will address things like healthcare, finances, and personal affairs. Your plan will include your express wishes for who you want to handle these important matters and how you want them handled in the event that you become incapacitated.

A living will is one of the central legal documents implemented with incapacity planning. This document will outline your health care wishes should you be unable to communicate them yourself. Your living will can be as general or as detailed as you want. It can be specific about what type of life sustaining health care you wish or do not wish to receive. If can specify who you want to treat you and where. You even have the ability to specify special moral and religious considerations for your treatment such as whether and when you would like a priest to come. The more specific you can be in your living will the better. It is a great opportunity to express your healthcare wishes. It will not only bring you great peace of mind knowing this information is memorialized in a legal document, but it can also be of great comfort to your loved ones. Should anything happen to you, the last thing they will want to do is try to guess at what you would have wanted.

 

While a living will can address a number of healthcare situations and decisions, there is no way for it to address every possible situation. This is where a power of attorney can become useful. In incapacity planning, you can designate a trusted individual to make health care decisions on your behalf should you become incapacitated and unable to express your wishes for yourself. This can be accomplished through a Health Care Power of Attorney. You also have the ability to designate successor agents who will take on the power of attorney should your first choice be unable or unwilling to uphold their duties. Your Health Care Power of Attorney will make critical healthcare decisions on your behalf. Incapacity planning allows you to select someone who is dependable, trustworthy, and will honor your wishes and values.

You also have the ability to designate a power of attorney to make financial decisions on your behalf should you become incapacitated. Bills will still need to be paid, finances will still need to be managed, even when you are incapacitated. If you do not have a power of attorney in place to help you manage your finances during your incapacitation, a guardian will need to be appointed by the court. This can be an invasive and time intensive process. You will need to be examined by court appointed physicians in order to be declared incompetent. The court will end up selecting your guardian and it may not be the person you would have wanted. Avoid the time and expense of this court process, and make the decision for yourself by putting a financial power of attorney in place.

Incapacity planning also allows you to nominate a guardian for your minor children. This is a huge decision and one you will definitely want to make for yourself. Take care of incapacity planning right away and know that, should anything happen to you, a person of your choosing, who you trust completely, will be in charge of caring for your children should you be unable to do so.

Texas Incapacity Planning Attorney

The discomfort of confronting the possibility that you might become incapacitated is nothing to the peace of mind that incapacity planning can bring to you and your family. Make sure that your wishes are always expressed and honored by planning for incapacity today. It is too important to put off a moment longer.

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