Incapacity planning prepares you for the unexpected. Whether it’s illness, injury, or the effects of aging. While it’s not easy to think about losing the ability to make your own decisions, having a plan in place ensures your wishes are respected and your loved ones are protected.
Incapacity planning is more than just paperwork, it’s peace of mind. It ensures your voice is heard even when you can’t speak, and it gives your family the legal ability to step in and help without unnecessary stress or court involvement.
Why Incapacity Planning Matters
No one expects to lose the ability to manage their health or finances, especially when they’re feeling healthy and capable. But conditions like dementia, stroke, or a sudden accident can quickly change that.
Planning ahead means you stay in control, by clearly stating your wishes in advance and putting trusted people in place to make decisions on your behalf if the time comes. It also relieves your loved ones of guesswork and confusion during already difficult moments.
What Is Incapacity Planning?
Incapacity planning is a core part of a complete estate plan. It involves preparing legal documents that outline who will manage your affairs and how decisions should be made if you’re unable to make them yourself, whether temporarily or permanently.
There are two key areas to cover: financial and medical planning.
Financial Planning Tools
1. Durable Power of Attorney
This document lets you appoint someone to handle your finances, property, and legal matters if you’re incapacitated. It’s durable, meaning it stays in effect even if your condition worsens.
2. Revocable Living Trust
With a trust, you can name a trustee to manage your assets without needing to go through the court system. It helps keep your affairs private and can prevent delays or complications for your family.
Medical Planning Tools
1. Living Will
This outlines what types of medical care you want, or don’t want, if you become permanently unconscious or terminally ill. Think of it as your voice when you can’t speak for yourself.
2. Health Care Power of Attorney
This document names someone you trust to make medical decisions for you if you’re unable to. They’ll speak for you in situations not covered by your living will.
3. DNR and DNI Orders
A DNR (Do Not Resuscitate) means no CPR if your heart stops. A DNI (Do Not Intubate) indicates you don’t want to be placed on a breathing machine. These are medical orders, completed with your doctor, and kept in your health records.
4. HIPAA Release
Without this release form, your loved ones might not be able to access your medical records. This simple document ensures the people you trust can get the information they need to help make informed decisions.
Start the Conversation. Make a Plan.
At Farrell & Grochowski, your trusted Connecticut estate planning attorneys, we help you put the right tools in place to safeguard your future and your family’s well-being. We know these aren’t easy topics, but they’re some of the most important decisions you can make for your future and your family. Incapacity planning means your loved ones aren’t left wondering what to do or navigating complicated legal systems when emotions are already high.
Let’s talk about what matters to you, and put the right legal protections in place.
Contact Farrell & Grochowski today: https://farrellandgrochowski.com to schedule a consultation and take the first step in safeguarding your future.
