Incapacity
An incapacitated person has been judicially determined to lack the capacity to manage property. The definition is broad and intended to encompass conditions based on a medical diagnosis or could meet it by reaching an advanced state of physical frailty that prevents them from caring for themselves. The determination is decided individually and begins when a potential guardian petitions the court for guardianship. Committees are formed with people qualified to render an expert opinion to determine mental capacity.
End-of-life planning decisions are neither simple to make nor pleasant to address. Unfortunately, these are some of the most important decisions you can make when planning. Failure to consider these choices while you are of sound mind and body can cause these decisions to be determined by the courts, causing your loved ones pain and distress.
Durable Power of Attorney
The power of attorney is a legal document that allows you to assign an individual to act on your behalf. The trusted individual you name as power of attorney can pay your bills, manage your investments, and make other decisions if you cannot do so. General powers of attorney are nondurable, meaning they cease should you become incapacitated. The durable power of attorney remains effective if you become incapacitated and cannot manage your own affairs. Without a valid durable power of attorney, if you become incapacitated, your loved ones may not have the authority to handle your affairs; they may need to go to court.
Designation of a Healthcare Surrogate
A healthcare surrogate — or healthcare agent — is an individual you name to receive durable power of attorney for your healthcare. This designation gives the individual the power to make medical decisions on your behalf if you become incapacitated or cannot medically decide for yourself. Your healthcare surrogate will be given complete authority to make your medical decisions in that circumstance, but they can override no healthcare instructions you have set forth in a living will.