Incapacity planning is not necessarily something that everyone thinks about very often — especially young people who are in pretty good health. However, despite the fact that considering these issues might not be very pleasant, it is something that you need to think about. In fact, it is something that you should do as soon as possible if you don’t already have an incapacity plan in place.
Our firm can provide you with help putting a comprehensive incapacity plan in place. Give us a call at (916) 437-3500 to learn about why making a plan is so important and about what should be a part of your plan. You can also read on to learn about three big reasons why making an incapacity plan is something that you should do now — today — and not something that you should put off until later on.
1. Later may be too late
While there are several reasons it’s important to act ASAP to put an incapacity place, the most important reason of all is that it may be too late if you delay. The issue is that no one ever plans for an illness or an injury that leaves them unable to speak for themselves, express their wishes on medical care, or determine who should take care of their property. This can happen unexpectedly to anyone at any time, and if and when it does, there is no way to go back in time and create an incapacity plan if one has not been created.
Of course, the chances of a problem do become greater as you age, which is why older people are more likely to take action to make an incapacity plan. However, since young people still get hurt or are struck by sudden illnesses, you don’t want to wait until you are aging in case something happens in the interim. If you are young, healthy, and capable right now, you should make your plans before the day comes when you aren’t.
2. Your future medical autonomy and the preservation of your assets depends on it
There are two main purposes of incapacity planning:
- Expressing your preferences when it comes to medical care
- Determining who will take care of your assets if you become unable to do so
If you have not made a plan, then you don’t get to control what kinds of medical care you will get. If you are unable to speak and doctors need consent to do lifesaving treatment, you won’t have a say in what kinds of care you get or under what circumstances treatment is administered or denied. If you do have a plan, though, then you can use a living will to express your desires about specific kinds of extraordinary measures. You can dictate, for example, whether you would want a ventilator or feeding tube to be used to keep you alive and under what circumstances you would want CPR administered or treatments withheld.
In addition to a living will, you can also create a medical or healthcare power of attorney and take control over who makes your medical decisions when you cannot do so on your own. You can also create a general durable power of attorney and express your preferences with regards to who manages your assets if you become incapacitated.
You cannot speak on these issues when you are no longer of sound mind or sound body — and they are important issues worth expressing your own opinion on. So, put your incapacity plan in place now to provide advance instructions that will ensure your preferences are followed even if you cannot articulate them at the time.
3. You owe it to your loved ones to make an incapacity plan
Finally, you should make an incapacity plan now because you owe it to your loved ones to do so. If you don’t have a plan in place, they are the ones who are going to have to live with the fallout. This means:
- Your loved ones may have to go to court to have a guardian appointed if you have not named someone who can act for you.
- Someone may take control over your assets who might not be the person you would have chosen and who may not have full knowledge about how to manage your money and property.
- Your loved ones are going to have to choices about life-and-death medical issues. If they don’t know your preferences, they may find these choices really difficult to make. They could also be left feeling guilty if, for example, they decide to withhold care or remove your ventilator and you pass away.
- Your loved ones may disagree with each other on issues related to your medical care or the management of your assets, which could leave them fighting at a time when they should be pulling together.
Obviously, there are big issues that can arise if you don’t have an incapacity plan. You do not want to leave the people who you care about coping with these issues. We are here to help you put your plans in place so this doesn’t happen to you and the people in your life. Give us a call today so that we can help you navigate the incapacity planning process and prepare for any future disasters that may strike.
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