No one likes to think about the possibility of becoming incapacitated due to illness, injury, or age-related decline. However, incapacity planning ensures that if you are ever unable to make decisions for yourself, a trusted individual can manage your affairs and make medical choices on your behalf. Without a plan in place, your loved ones may have to go through a lengthy and expensive court process to gain legal authority over your finances and healthcare decisions.
A well-structured incapacity plan helps you:
- Choose a trusted person to make financial and medical decisions
- Avoid court-appointed guardianship proceedings
- Ensure your healthcare preferences are honored
- Protect your financial assets and prevent mismanagement
- Reduce stress for your loved ones during a difficult time
Essential Incapacity Planning Documents
At Rania Combs Law, we help clients create a comprehensive incapacity plan that ensures their wishes are respected. Your plan may include:
Durable Power of Attorney
A financial power of attorney allows you to designate someone you trust to handle your financial affairs if you become unable to do so. This person can pay your bills, manage investments, and take care of other important financial matters on your behalf.
Medical Power of Attorney
A medical power of attorney appoints a trusted individual to make healthcare decisions for you if you become incapacitated. Without this document, your loved ones may face legal hurdles when trying to advocate for your care.
Advance Directive (Living Will)
An advance directive, also known as a living will, outlines your preferences for medical treatment in situations where you cannot communicate your wishes. This can include instructions on life-sustaining treatments, resuscitation, and end-of-life care.
HIPAA Authorization
A HIPAA authorization allows designated individuals to access your medical records and speak with healthcare providers about your condition. Without this document, even close family members may be denied access to critical health information.
Declaration of Guardian in Advance of Need
If a court must appoint a guardian for you in the future, this document allows you to specify who you would want—and who you would NOT want—to serve in that role. This can prevent someone you do not trust from being appointed as your legal guardian.
Plan for the Unexpected Today
Incapacity can happen at any time, but a well-prepared plan ensures that your financial and medical affairs are handled according to your wishes. At Rania Combs Law, we provide personalized incapacity planning services to help you protect yourself and your loved ones.
Below, you’ll find in-depth articles on powers of attorney, living wills, and guardianship. Explore these resources to make informed decisions about your future.
FAQs About Powers of Attorney and Directives
This section contains answers to some frequently asked questions about powers of attorney and directives.
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Can Physicians in Texas Withhold Life Support Against Patient’s Wishes?
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Can Life Support Be Withheld If A Patient Has Not Signed A Directive To Physicians?
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Can I Appoint My Own Guardian In Case I Become Incapacitated?
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Would You Like a Power of Attorney with that Diploma?
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Can I Authorize a Relative to Make Medical Decisions for my Minor Child?
Financial Powers of Attorney
This section contains articles explaining the importance of having a durable power of attorney.
Medical Powers of Attorney and Directives
Medical powers of attorney and directives allow you to appoint someone to carry out your health care wishes when you are incapacitated and are unable to make decisions for yourself. Articles in this section discuss the importance of having these documents in place.