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How to prepare for the possibility of incapacity

On Behalf of | Dec 29, 2023 | Estate Planning |

People engaging in estate planning in Texas focus on creating wills and trusts to leave their property and assets to family members, friends and nonprofit organizations. However, estate planning also involves planning for possible incapacity. There are several ways to protect one’s interests if they become incapacitated. 

Incapacity planning documents 

Important tools for planning for incapacity include durable powers of attorney. These documents enable people to name other individuals to make decisions and manage their assets for them if they become incapacitated. Naming health care proxies is also important. These individuals have the power to deny or consent to health care interventions on incapacitated individuals’ behalf. They must decide whether to take extraordinary measures to keep their incapacitated loved ones alive. 

A final important tool for incapacity planning is the living will. These documents allow people to deny consent or consent to health care in advance if they become seriously injured or ill. The documents can specify whether people wish to receive artificial hydration or nutrition or be given ventilators to stay alive. 

How a lawyer can help with estate planning 

Hiring an estate planning attorney to help prepare for incapacity is a wise move. An attorney in Texas may help individuals set up living wills, health care proxies and durable powers of attorney that reflect their wishes and needs. The estate planning attorney can also help them revise these documents over time to ensure they remain up to date based on their evolving needs in the years ahead. 


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