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Your estate plan considerations after being incapacitated

On Behalf of | Sep 1, 2022 | Estate Planning |

Creating an incapacity plan, but it’s not something to avoid. If something happens and you don’t have one, it makes it harder on your family and friends. California defines incapacity as an inability to perform acts or make decisions. An incapacity plan allows capable adults to make decisions about your assets and other matters.

Incapacity plan sections

Everyone should have a basic incapacity plan, but there are many parts to detailed estate planning. A living will explain what healthcare the owner will allow and refuse if they lose consciousness. The document is legal as long as the person is alive but unable to communicate. Sometimes a do not resuscitate order is with a living will. A health care power of attorney designates someone to make medical choices after incapacitation. A HIPAA Release allows medical professionals to share medical details with family and friends. A durable power of attorney for finances allows someone to manage your money after incapacitation.

More expenses without an incapacity plan

Medical expenses won’t be lower after an accident with or without an incapacity plan, but other fees can arise. Doctors still need to talk about conditions with or without an incapacity plan. Hospitals usually find the closest living relative such as a partner, parent, sibling or an older child. The family members need to go to court and ask for legal authority. Families must wait on the court’s decision. There could also be financial costs when bills are late because non has access to the incapacitated person’s accounts.

An incapacitated individual has varying circumstances, but a plan gives them peace of mind. A detailed estate plan can let everyone know what’s going on and who’s in charge of the situation. The process can move much faster without relying on the court’s decisions. Incapacity plans should change with life, including moving to a new state, changing relationship status or having a child.