Planning for Incapacity: Who Will Make Your End of Life Decisions?

Incapacity planning is something that everyone should take the time to include in his or her estate plan.  If you want to be able to have a choice in your future medical decisions, you need to incorporate incapacity planning into your overall estate plan.

Take a look at some of the information below to learn more about the importance of this planning.  If you have additional questions, or if you’d like to start your planning, meet with an estate planning attorney.

• You should take the time to create a living will.  This estate planning document will allow you to spell out your medical wishes ahead of time.  Many individuals use this document as a way to outline their wishes regarding the use of life support.
• It’s also important to include a healthcare proxy in your estate plan.  This estate planning document is used to appoint a healthcare agent who will be responsible for helping to make important decisions if you ever become incapacitated.

Your agent will help to make sure that your medical wishes are followed while ensuring that you’re receiving proper care.  He or she will also be responsible for making important decisions regarding your health.  If you want to have control over who will help to make these important decisions, you need to create a healthcare proxy.

• Include a HIPAA release so that your health care agent (under your health care power of attorney) has full access to your medical records and medical professionals such as doctors.

Now is the time to create an incapacity plan.  Without a plan in place, you will have no control over your medical future.  If you have additional questions about incapacity planning or if you’d like to start your plan, consult with a qualified estate planning attorney.

Davidov Law Group is a member of the American Academy of Estate Planning Attorneys.