Most of us think about estate planning as a way to protect our property after we pass away, but what happens if we are still alive and cannot make financial or medical decisions for ourselves?
At Casey Lundregan Burns, P.C. we help Massachusetts families plan for this possibility, so trusted people can step in if an illness, accident, or decline in health leaves us unable to act for ourselves.
Estate Planning and Incapacity Planning Serve Different Purposes
Estate planning and incapacity planning work together, but they address different concerns.
Estate Planning Looks Ahead to What Happens After Death
A will or trust generally helps direct what happens to our property after death and identifies the people we want to receive what we leave behind.
Incapacity Planning Protects Us During Our Lifetime
Incapacity planning focuses on what happens if we cannot make decisions while we are still living. It gives us the opportunity to choose trusted people who can help manage our finances or make medical decisions if we cannot do so ourselves.
Without that planning, our families can face difficult questions at a time when emotions are already running high.
What Happens If No Plan Is in Place?
Many people assume that a spouse, adult child, or other close family member can automatically step in during a medical crisis, but that is not always the case.
If the proper documents are not in place, a family might need court involvement before someone can receive authority to manage financial or personal matters. Depending on the circumstances, this can involve a guardianship or conservatorship, which are court arrangements that allow another person to make certain decisions for someone who cannot make them independently.
Court involvement can take time, create added costs, and leave important choices in the hands of a judge rather than the person who needs help.
How Families Manage Finances and Medical Decisions
When incapacity happens without advance planning, even routine responsibilities can become difficult.
Families can face challenges such as:
- Paying bills or handling property and accounts held in one person’s name
- Managing financial matters under continued court supervision
- Making medical decisions when there is no person formally chosen to speak for the patient
- Receiving health information from doctors and other medical providers
These issues can create confusion and disagreement among family members, especially when no one knows exactly what the person would have wanted.
Documents That Can Help Protect Our Wishes
Several documents can help us choose who should act on our behalf if we cannot make decisions ourselves.
Durable Power of Attorney
A Durable Power of Attorney allows us to name someone we trust to handle certain financial and legal matters if we cannot manage them ourselves.
Health Care Proxy
A Health Care Proxy allows us to choose someone who can make medical decisions on our behalf if we cannot communicate those decisions.
Other documents, such as a HIPAA Authorization and a Living Will or Advance Directive, can help trusted people receive medical information and better understand our wishes for care.
The right combination of documents depends on each person’s circumstances, which is why professional guidance can be valuable when putting an incapacity plan in place.
Why Early Planning Can Reduce Stress and Confusion
A medical emergency rarely gives a family time to prepare. If we make these decisions in advance, we can choose the people we trust, communicate our wishes, and reduce the chance that loved ones will have to guess what we would have wanted.
Early planning can also help reduce family disagreements and unnecessary court involvement, allowing loved ones to spend more time focusing on care and support rather than paperwork and uncertainty.
Plan Before a Crisis Happens
At Casey Lundregan Burns, P.C. we help Massachusetts families review their estate plans and address what could happen during a period of incapacity.
If your current plan does not address financial and medical decision making during your lifetime, or if your documents have not been reviewed in some time, contact us at (978) 788-9934 or Contact Us Online to discuss your circumstances and determine what planning options may be appropriate for you and your family.