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Writer's pictureSarah Morris Ocampo

What Steps Should I Take To Plan For Potential Incapacity?


Planning for the future is something we should all consider, regardless of our current age or health. It's about being prepared for the unexpected and ensuring our loved ones are cared for if we cannot decide.



One crucial part of future planning is setting up power of attorney documents. These legal papers appoint a trusted person to decide if you become incapacitated. There are two main types you should consider:


1. Power of Attorney for Health Care:

- This document allows someone you trust to make medical decisions for you if you are unable to do so. It's crucial to have this in place to ensure that your healthcare wishes are respected and followed.


2. Power of Attorney for Financial Decisions:

- This document empowers your chosen representative to manage your financial affairs if incapacitated. This could include paying bills, managing investments, and handling other financial responsibilities.


These documents, known as springing power of attorneys, only become effective if a doctor confirms that you are incapacitated. This safeguard ensures that your representative can only act on your behalf when it’s genuinely necessary.


Why is this important? Should you ever find yourself in a situation where you can't make decisions due to illness or another reason, having these documents in place provides clear instructions for your care and financial management. It can significantly reduce stress and confusion for your loved ones during difficult times.


If you're considering these steps and need further guidance, consulting with an expert in estate planning and probate can be highly beneficial. They can help you understand the legal requirements and ensure your documents are correctly prepared and filed.


Taking these steps now to set up a power of attorney is a proactive way to protect yourself and your loved ones in the future. It’s a thoughtful and responsible measure that can provide peace of mind for everyone involved.

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