The Importance of Incapacity Planning

The best way to illustrate the importance of incapacity planning is to give you a scenario: A married couple is selling their home. One spouse has a serious health crisis that lands her in the hospital. The ill spouse cannot participate in the home’s closing, and the well spouse needs legal authority to close on the ill spouse’s behalf. 

While spouses routinely help each other, that stops short of legal representation of each other’s interests. Spouses cannot sign on each other’s behalf unless legally appointed as guardian by a court of law or – the less costly option – the well spouse is appointed as agent under the ill spouse’s Durable Power of Attorney. But that option requires pre-planning, which many people are not keen on doing. However, making an appointment with your estate planning attorney should be prioritized just as much as scheduling an appointment with your doctor (except, on a positive note, you do not have to see us as often). Having your legal documents in place, such as a Durable Power of Attorney, Designation of Health Care Surrogate, and Living Will, prepares you for future mishaps and downturns in health. 

It also prepares you for the disease most people are concerned about when they get older: Alzheimer’s disease. It is the sixth leading cause of death in the United States of America, and Florida has the second highest prevalence for the disease in the nation. While little can be done to stop the disease, you still have it within your control to choose who you want managing your legal, financial, and medical needs – and that decision is paramount. By working with us, we will make sure your affairs are in order, making a tough situation a little easier for you and your loved ones.

There are a few things that you should think about before you begin discussions with your estate planning attorney: Who is best-suited to manage your finances? Who is responsible enough to review and pay your outstanding bills? Who will advocate for your dignity and medical care? Who will follow your wishes? And most importantly, who do you trust?

At O’Neil Law, PLLC, an experienced attorney is here to help you. Please contact us for your free consultation.