Planning for incapacity is not something you should wait on. It’s an unfortunate fact that most people procrastinate when it comes to this aspect of estate planning. They want to put this off until much later, if not forever. After all, no one really wants to deal with the possibility they’ll become incapacitated or pass away. End-of-life planning involves accepting that you might become too sick or hurt to manage your own affairs.
The sad reality is that not thinking about these issues and failing to plan can lead to terrible outcomes. If you delay, it could have dire consequences for you and the people you love the most. You don’t want to find yourself in that situation.
Read on to learn three big reasons why you can’t afford to wait to make your incapacity plan.
1. You Can’t Go Back in Time if You’ve Waited Too Long
There is one huge problem that makes it essential to put your incapacity plan in place ASAP. If you don’t do that, and tragedy strikes, you have no options. If you become incapacitated, you can’t go back in time and make your preferences known. You can’t lay out your wishes for your medical care or finances if you’re unable to speak. If you experience an illness or serious injury, you may not be mentally sound or able to communicate. You have to ensure that your wishes are public beforehand or risk the chance to take control of the situation.
The sad reality is that no one is immune to serious and sudden illnesses or unexpected injuries. This is also true for younger and healthy people. You can’t predict when tragedy will strike, so it’s best to plan today before that possibility arises.
2. Your Medical Autonomy and Assets Are At Risk
Incapacity planning involves making decisions about medical interventions, life support, and who should manage your medical decisions. Medical interventions can include resuscitation or intubation if you can’t communicate those wishes. You should also designate someone who can make medical decisions for you if you’re unable to do so yourself.
That means if you do not have an incapacity plan, your medical autonomy is at risk. A living will allows you to share specific and detailed instructions about medical interventions. You may have preferences regarding CPR, feeding tubes, or ventilators. Without those instructions, you could be denied the treatment you would have preferred to receive. On the other hand, you may have to get care that you wouldn’t have otherwise wanted. Not planning ahead means you lose the chance to make these important decisions for yourself.
A healthcare power of attorney lets you designate someone to make important decisions for you. In the same vein, a general durable power of attorney lets you name someone to manage your financial affairs. Without these documents, the wrong person could be chosen to make decisions for you. You need to provide instructions so you can decide who acts for you when you cannot speak for yourself.
3. Your Family Members Could Be Forced to Make Difficult Choices
You don’t just make life worse for yourself if you have no incapacity plan and something goes wrong. You also make things much worse for your loved ones. Imagine your family member being seriously hurt or sick and unable to communicate for themselves. If there isn’t a plan, you might have to go to court and get a guardian appointed. If you’re in charge of a family member’s medical decisions, there are so many things that can go wrong. You may have to decide to deny a feeding tube or have to pull the plug on life-sustaining machines. You don’t want to be in a spot where there isn’t clarity regarding what your loved one would’ve wanted.
If you don’t have a plan for incapacity, your loved ones could find themselves in this exact position. These situations are made worse if there are disagreements about what you would’ve wanted. Your family members could end up fighting about the best course of action.
Planning for Incapacity? Contact Our Office for Help Today
You do not want to put the people you love in this position. So, do not wait to make an incapacity plan that spares them this terrible situation if something happens to you. Call McGee Law Firm today at (817) 899-3286 to schedule a free consultation.
Our firm can help you to use the right tools, including a living will and a power of attorney, so you can have a clear and comprehensive incapacity plan in place to protect yourself and those you love. Give us a call today to learn more about planning for incapacity because you can’t afford to wait.
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