What Happens If You Become Incapacitated?
Many people wonder what would occur if they were hospitalized and unable to make their own medical decisions. The answer hinges on whether advance planning has been completed.
Planning Ahead Makes a Difference
If incapacity occurs and you’ve already prepared the necessary documents, your family will possess the legal tools needed to act on your behalf. Equally important, they’ll understand your preferences regarding medical care and end-of-life treatment. Without prior planning, loved ones must petition the court to have someone officially named as your guardian – a process requiring legal declaration of incapacity before anyone can make medical decisions for you.
The Guardianship Problem
The guardianship process presents several challenges:
- It is neither quick nor inexpensive
- The court doesn’t require a guardian to be a family member; anyone can petition for appointment
- Proceedings may occur without the affected person or their family’s knowledge
- Family disputes frequently arise over who should serve as guardian
Guardianship filings involve submitting a petition and obtaining a legal determination of incapacity, which can trigger family conflict and consume substantial time and resources.
Essential Documents for Incapacity Planning
A comprehensive estate plan should include:
- Last Will and Testament – distributes your assets
- Power of Attorney – authorizes someone to handle financial matters
- Healthcare Power of Attorney – names an “agent” to make medical decisions
- Living Will – specifies your end-of-life care preferences
The Healthcare Power of Attorney and Living Will work together to communicate your medical wishes to healthcare providers. These documents prevent physicians from making decisions without your input or force the court to appoint someone to decide.
The Living Will’s Importance
This document allows you to state preferences such as refusing feeding tubes, artificial life support, or specifying who may visit during illness. Without it, physicians must either locate family quickly or make decisions themselves – potentially contrary to your actual wishes.
Recent Lessons
The pandemic underscored how critical these preparations are. If you created these documents within the past three to five years, review is warranted, as your preferences and the people in key roles may have changed. Your feelings about life support may have evolved since document creation.
Take Action
The best course is establishing a complete estate plan with an experienced attorney before incapacity becomes a concern. If you already have an estate plan, scheduling a review with a qualified professional ensures your documents remain current and accurately reflect your values and circumstances.
If you or a loved one needs assistance with estate planning, do not hesitate to contact The Stegall Law Firm.
