Proper incapacity planning allows the designation of an individual who will make specific financial, legal, and health-related decisions for a person if he or she becomes incapacitated. Absent proper planning, important decisions may or may not be made in accordance with the incapacitated person’s wishes.
Erin Searcy Law is willing to discuss your specific circumstances and how to best plan for your possible incapacity.
Durable Power of Attorney
A Durable Power of Attorney is the centerpiece of incapacity planning. It is a document wherein a person, known as the principal, appoints another person, known as an attorney-in-fact, to make certain specified financial and legal decisions on his or her behalf. A Durable Power of Attorney is effective immediately at the time of the principal’s signing and is not affected by any subsequent incapacity of the principal.
Advance Directives, which include a Living Will, Designation of Healthcare Surrogate, and Healthcare Power of Attorney, is a document wherein a person expresses which medical and health-related decisions are to be made and by whom if the person is unable to make such decisions on his or her own.
Pre-Need Designation of a Guardian
A Pre-Need Designation of a Guardian is a document wherein a person names another person to act as his or her legal guardian with respect to his or her person or property in the event of the person’s incapacity.