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Planning for Incapacity

Butler Law Sept. 26, 2019

Most Myrtle Beach residents do not have any interest in considering what will happen to them if they become incapacitated. However, a medical emergency could occur at any time, placing family members in the difficult position of making important decisions on behalf of the incapacitated person. An incapacity plan can help alleviate this situation.

An incapacity plan ensures that a person’s own wishes are followed in the event they become incapacitated. A plan allows a person to make these decisions while they are still able and takes the pressure off family and friends who may not know what their loved one would want. An incapacity plan usually includes a living will or advanced health care directive, which specifies what medical care a person would want. It can also include a durable power of attorney, which designates a person to make financial decisions on behalf of the incapacitated person.

A legal professional skilled in estate planning can advise their client on what documents they need to ensure they will be protected if they become incapacitated. A well-meaning loved one may not make decisions that a person would agree with, so having a plan can help make sure everything is decided before the unexpected occurs.

Although planning for incapacity doesn’t sound fun, taking the time to think through these important decisions can be a good idea. Putting protections in place before the unexpected happens can assure that there is no uncertainty as to what a person would want to happen medically and financially.