Preparing for incapacity

On Behalf of | Jul 29, 2021 | Estate Planning |

It is a reality of life that people think that nothing bad will happen to them. This is why many Florida families end up in a lurch when a loved one ends up incapacitated. This is something that you can plan for ahead of time as part of your estate plan.

You can prepare for almost every contingency beforehand

The biggest thing that you can do is to have powers of attorney set up beforehand, so that one is there when you need it. Perhaps the most important power of attorney to have is one that allows your family to make medical decisions on your behalf. Otherwise, this could end up in the courts, and a judge may determine who gets to make these decisions. A power of attorney is a far better alternative than a guardianship proceeding. In addition, you should have a living will that incorporates your own wishes into your health care decisions.

Your plan should also include financial matters

You should also make arrangements for your valuable property. Once you lack the legal capacity to do so, you cannot validly sign a will. One way to do this is by establishing a revocable living trust. This allows you to maintain control over your own affairs until the time when you lose capacity. Even without that, a durable power of attorney will allow someone else to act on your behalf in financial matters. The alternative is family strife and extra stress when they need it the least.