If you’re considering including incapacity planning in your estate plan (and you definitely should be), it’s important that you understand the use of the different available legal documents. A comprehensive estate plan will allow you to have the best plan in place so that your needs are always met.
Did you know…?
- An advance health care directive is a document that allows you to spell out your wishes regarding end of life treatments and procedures.
- Many people use their advance health care directive to outline their wishes regarding the use of life support.
- Your advance health care directive may be used to discuss many other treatments and procedures, including the following: surgery, diagnostic tests, and CPR.
- With the use of an advance health care directive, you’re able to appoint an agent who will be responsible for making medical decisions on your behalf, if you’re ever unable to do so yourself.
- Without an advance health care directive, your loved ones may need to go to court in order to get the legal approval needed to help make decisions on your behalf. This is called a “conservatorship.”
- Your hand picked healthcare agent will have many responsibilities, including the following: discussing your needs with medical professionals, choosing facilities and staff members, and making decisions regarding the use of different treatments or tests.
- Your designated health care agent is unable to make decisions that go against the wishes that you’ve stated in your advance health care directive.
- You should create an advance health care directive now regardless of your other planning goals. This will allow you to always have an emergency plan in place. Without a plan, you’re putting yourself at risk that someone that you would not want is appointed to make health care decisions for you and that decisions you would not want are made.
Take the time to discuss incapacity planning for medical issues with your experienced, qualified estate planning and elder care attorney. You never know when you may be unable to make your own decisions. If you have any questions, or if you’d like to begin your incapacity planning, consult with a qualified and experienced estate planning attorney.
Timothy P. Murphy is an estate planning and elder law attorney whose practice emphasizes helping people to build, preserve and pass on their wealth. He works with his clients to accomplish their goals while avoiding unnecessary court proceedings and minimizing or eliminating exposure to death taxes.
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