Incapacity Planning

None of us likes to think about suffering an injury or illness that leaves us incapable of making our own decisions. But incapacity can happen without warning at any age. It may be the result of an unexpected illness or accident, or perhaps age-related cognitive decline.

A simple plan reduces confusion during such a crisis. It lets someone you trust step in to seamlessly handle your financial affairs and make medical decisions according to your wishes. Without documents, such as a Texas Durable Power of Attorney or a North Carolina Health Care Power of Attorney, families in Texas or North Carolina may need to seek a court-appointed guardianship, a time-consuming and expensive process that may add to the burden they are carrying.

Giving people the legal authority to handle your financial and medical decisions reduces the likelihood of court involvement and removes stress your loved ones may feel in times of crisis.

Essential Incapacity Planning Documents

At Rania Combs Law, I can help you create a clear plan in place that gives your family the legal authority to step in on your behalf. Most plans include some or all of the following

Durable Power of Attorney

A Durable Power of Attorney legally authorizes a trusted person to handle money matters if you cannot. They can pay bills, manage accounts and investments, and take care of day-to-day business. In Texas and North Carolina, a durable power of attorney ends at your death. After that, the executor named in your Will takes over estate-related matters.

Some financial powers of attorney are effective as soon as you sign them. Others begin only if you are declared incapacitated. Giving your agent immediate authority can reduce delays in an emergency. A “springing” power that goes into effect only upon your incapacity can feel safer, but may result in delays as financial institutions verify that you have become incapacitated. We can discuss all your options and customize your documents according to your wishes.

A Medical Power of Attorney allows you to designate a trusted family member or friend to make medical decisions for you if you become unconscious or mentally incapable of making those decisions for yourself.

Healthcare Power of Attorney

As long as you are capable of making medical decisions for yourself, you are in control. No one can overrule your wishes. Your agent is only able to act on your behalf after your doctor declares that you are incapacitated.

You can revoke your Medical Power of Attorney at any time and appoint different agents.

Advance Directive (Living Will)

An advance directive, also known as a living will, records your wishes about what life-sustaining treatment you would want administered or withheld if have an irreversible or terminal condition.

Signing a Living Will doesn’t mean that your doctors will refuse to treat you if you have an irreversible or terminal condition. You can direct all your treatment options while you are able. You can request certain interventions. You can even revoke the Living Will.

However, if there comes a time when you’re not able to speak for yourself, a Living Will can give your loved ones and medical team insight about your end-of-life preferences.

HIPAA Authorization

The Health Insurance Portability and Accountability Act (HIPAA)imposes stiff penalties on health care providers that reveal protected health information. Entities that violate this rule can face stiff penalties, including jail time, so they play it safe.

That’s why a HIPAA authorization is so important. It ensures your loved ones have access to your protected health care information so they can make informed decisions on your behalf if necessary. 

Declaration of Guardian in Advance of Need

If a court must appoint a guardian for you in the future, this document lets you say who you would want—and who you would NOT want—to serve in that role. It can prevent someone you do not trust from being appointed as your legal guardian.

Ready to Plan Ahead?

Incapacity can happen without warning. A few well-chosen documents ensure your affairs are handled according to your values and instructions. I work with clients across Texas and North Carolina to create incapacity plans that are accessible when needed.

If you would like help getting this in place, schedule an appointment with Rania Combs Law. You can also review the articles below to learn more about powers of attorney, living wills, and guardianship so you feel prepared for the road ahead.