Planning for Incapacity or Disability

Why You Need an Attorney

No one wants to think about the possibility of becoming incapacitated or disabled. However, it is important to have a plan in place in case this happens. Planning for incapacity or disability involves making decisions about who will make medical and financial decisions on your behalf if you are unable to do so.

The Importance of Planning

Planning for incapacity or disability is crucial because it ensures that your wishes are followed if you are unable to make decisions for yourself. Without a plan, decisions about your medical care and finances may be made by someone you would not have chosen.

Creating a Plan

Creating a plan for incapacity or disability involves several steps. The first step is to choose someone you trust to make medical and financial decisions on your behalf. This person is called a “health care agent” or “power of attorney” for health care and financial decisions, respectively.

Choosing a Health Care Agent

When choosing a health care agent, it is important to choose someone who knows your wishes and will make decisions in your best interests. This person should be able to communicate effectively with medical professionals and family members. You should discuss your wishes with your health care agent so that they know what medical treatments you would want or not want.

Choosing a Power of Attorney for Financial Decisions

Choosing a power of attorney for financial decisions involves similar considerations. You should choose someone you trust to make decisions on your behalf. This person should be familiar with your financial situation and be able to manage your finances effectively.

Living Will

A living will is a legal document that outlines your wishes for medical care if you become incapacitated and cannot communicate your wishes. It specifies what medical treatments you would want or not want in different situations.

Health Care Proxy

A health care proxy is a legal document that designates someone to make medical decisions on your behalf if you become incapacitated and cannot communicate your wishes. This person is your health care agent.

Why You Need an Attorney

While it is possible to create a plan for incapacity or disability on your own, it is important to have an attorney to guide you through the process. An attorney can ensure that your plan is legally valid and enforceable.

Legal Requirements

Each state has its own laws regarding advance directives and power of attorney. An attorney can ensure that your documents comply with the legal requirements of your state.

Customized Planning

An attorney can also help you create a customized plan that meets your individual needs. They can help you navigate complex financial and legal issues that may arise during the planning process.

Updating Your Plan

Finally, an attorney can help you update your plan as your circumstances change. Life is unpredictable, and your plan for incapacity or disability may need to be revised over time. An attorney can ensure that your plan remains up-to-date and reflects your current wishes.

Conclusion

Planning for incapacity or disability is not something anyone wants to think about. However, it is an important part of ensuring that your wishes are followed if you become unable to make