How Do You Create a Plan for Incapacity?

None of us like to think of a time when we won’t be able to make decisions for ourselves. But planning now for the possibility of incapacity is actually a way of retaining your autonomy and always have the final say in your own life. An elder law attorney here in El Paso, TX can help you take full advantage of all the tools available in Texas to plan for every possibility.

Creating a Plan for Incapacity

Talk to an Elder Law Attorney in El Paso, TX

There are many pieces to this puzzle. You want to have health directives and someone you can trust nominated to make health decisions for you, but you may also need a separate person to manage your estate, and for your estate to be set up in such a way that you can be taken care of in the event of a long-term incapacity. A lawyer will know all the tools available and how best to use each in your unique estate and family situation.

Fill Out a Directive to Physicians

This document lays out exactly what you want your doctor to do or not do in your treatment if you are unable to communicate for yourself. You can direct for life-extending care to be given or withheld under certain situations and can designate people to make decisions for you if you don’t have a Medical Power of Attorney and can’t make your wishes known.

Appoint a Medical Power of Attorney

This is someone you trust who you choose to make decisions on your behalf if you’re not able to. Their power to do this only activates when you no longer can make decisions. For example, say you were to come into the ER in a coma and unable to communicate: your medical POA could be contacted immediately to tell the doctors what to do on your behalf.

Appoint a Durable Power of Attorney

This gives someone the power to manage your estate while you’re incapacitated. They can access your accounts, pay your bills, deal with your business or real estate matters, or anything else you wish. You can make their powers as narrow or broad as you like, but this should obviously be someone you trust completely.

Nominate a Guardian for Minors

If you still have minor children, this declaration allows you to decide who will be their guardian if you become incapacitated. If you don’t nominate someone, the court may nominate anyone it sees fit in the event your children need a guardian, so for peace of mind, it’s best to have this document in place until all your children have reached the age of 18.

There are more tools that could be useful to you, from trusts and direct-designation financial accounts to a properly written will. Your attorney will be able to recommend the right things for your situation. To learn more, visit Townsend Allala Coulter & Kludt in El Paso today or call us at 915-533-0007.

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