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Estate Planning 101

Planning for Incapacity

Planning for incapacity in estate planning

Planning for incapacity is an essential part of estate planning. It involves creating legal documents that will make sure your wishes are carried out if you become unable to make decisions for yourself. There are several types of legal documents you can use to plan for incapacity. The most common are:

  1. Advance Health Care Directive (AHCD): This document outlines your wishes for medical treatment if you are unable to communicate them yourself. It includes information about life-prolonging treatments, organ donation, and other medical decisions.

  2. Durable Power of Attorney (DPOA): This document authorizes someone else to make decisions on your behalf if you are unable to do so yourself. This can include financial decisions, such as paying bills or managing investments.

  3. Living Will: This document outlines your wishes for end-of-life care if you are unable to make decisions for yourself. It includes information about life support, pain management, and other medical treatments.

It's important to plan for incapacity while you are still healthy and able to make decisions. If you become incapacitated without these legal documents in place, your family may have to go to court to get permission to make decisions on your behalf. This can be expensive, time-consuming, and stressful for everyone involved.

For example, let's say you were in a car accident and suffered a traumatic brain injury. You are unable to communicate and make decisions for yourself. Without an AHCD, your family may have to go to court to get permission to make medical decisions on your behalf. This can delay treatment and cause unnecessary stress for everyone involved.

In summary, planning for incapacity is an important part of estate planning. By creating legal documents like an AHCD, DPOA, and living will, you can ensure that your wishes are carried out if you become unable to make decisions for yourself. It's important to plan for incapacity while you are still healthy and able to make decisions.

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