Woman incapacity planning with attorney

What is Incapacity Planning?

Incapacity planning is so important, but, unfortunately, far too few people know what it is all about. The fact is that none of us are immune to debilitating health conditions, unexpected accidents, and more that can render us incapacitated and unable to manage our affairs for ourselves. As our future is uncertain in so many ways, incapacity planning is a way to help ensure your health care wishes are honored and your affairs are managed regardless of what life may throw your way.

What is Incapacity Planning?

Incapacity planning is the process of putting legal tools in place that will provide for the appointment of trusted individuals to manage your affairs and make health care decisions on your behalf in the even you should become incapacitated. Incapacity planning tools also allow you to express your wishes in these matters and provide detailed instructions to those who have been appointed decisionmakers in your affairs. Let’s take a look at some of the specific legal tools used in incapacity planning.

A durable power of attorney is critical in incapacity planning. With a durable power of attorney, you are able to appoint an agent who you can empower with the authority to manage specified affairs on your behalf. The fact that it is durable means that the powers granted under the power of attorney will remain intact regardless of whether you, the principle, become incapacitated.

A healthcare surrogate document is also an important component of incapacity planning. In this document, you can name a healthcare surrogate who will be able to make health care decisions on your behalf should you become incapacitated. You should discuss your health care wishes with your surrogate before the need for them to step into this role should ever arise. Putting a living will in place can also be instructive to your healthcare surrogate and your medical providers. A living will details things such as what treatment you want or do not want in the event your health condition becomes terminal.

As you engage in incapacity planning, take care in who you want to appoint to these critical roles like your healthcare surrogate or your agent under a durable power of attorney. You will want these to be people you trust and those who understand your wishes, preferences, and beliefs. You should also take the time to reflect on what you want in regard to certain medical treatment situations that may arise. You will not, of course, be able to cover all possibilities, but the more information you can provide in your incapacity plans, the better!

Minnesota Estate Planning Attorney

Incapacity planning and estate planning are too important to put off. Make sure your wishes are honored and affairs managed no matter what life throws your way. Get in touch with the team at Unique Estate Law. Contact us today. From within Hennepin County Unique Estate Law represents clients throughout Minnesota, including Minneapolis, Bloomington, St. Louis Park, Minnetonka, Wayzata, Chanhassen, and Excelsior.