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Incapacity Documents

Every Healthy Adult Should Have These Documents

Planning for the Unexpected

If there were a period of time that you were unable to make decisions for yourself due to an illness or injury, what would happen?

If one has not planned for this situation, the only recourse available is to seek a COURT ORDERED GUARDIANSHIP. It does not matter if you are married, a parent or sibling or lifetime partner. No adult can speak for another adult without a legal document giving them permission.

Court proceedings are often stressful, costly, time consuming, unpredictable, cumbersome, and, at times, open to the public. More importantly, the court's involvement is completely unnecessary, if you plan ahead.

Certain estate planning measures will allow you to choose trusted individuals (Agents) and empower them to act on your behalf without court intervention. This involves PREPARING THE DOCUMENTS LISTED BELOW that bind the appointed individuals to follow a specific set of instructions designed to meet your stated wishes.


Durable Power of Attorney

Financial & Personal Matters

A Durable Power of Attorney allows your Agent to act for you in financial and personal matters. This documents allows the Agent to perform such tasks as pay bills, interact with insurance companies, file tax returns, file for government benefits, sell or manage property and manage your assets until you are better. This document requires that the Agent act in your best interest. You want to choose a trustworthy individual as an Agent.

Advance Directive

Medical Decisions

This documents appoints and Agent to act for you if you are incapacitated and medical decisions need to be made but you are unable to make them. Your physicians make the determination of incapacity. When you regain capacity, all medical decisions return to being made by you.

Medical Authorization

Pursuant to HIPAA

This document allows the listed individuals the ability to obtain copies of your medical records and to discuss your medical condition with medical care providers. This document is in effect as soon as you sign it. You may wish to keep the document in your possession and advise those listed that you (and I) have copies of the document for them to use if there is an emergency.

These are documents that all persons over the age of 18 should have completed, in the event of an unexpected occurrence. When you consult with me, we will discuss your needs, make sure the documents contain the required provisions and ensure that you understand the purpose of each document.