February 3, 2021

It is certainly difficult to think about but there is the possibility that at some point in the future you will become incapacitated and will not be able to handle day to day decisions regarding your health care or your finances. 

This is one of the most common reasons to establish an estate plan with the help of a lawyer who has experience in this field. Your lawyer can advise you about the questions you should go through in the process of what to consider when establishing these important documents. 

You can avoid extensive court proceedings that your loved ones would have to go through if you became incapacitated by doing your planning now. You can create a durable power of attorney for health care and for finances to appoint an attorney in fact, also known as an agent, to make decisions on your behalf. The documents that you’ll need to cover these key issues include a medical directive, also known as a living will, a durable power of attorney for health care, and a durable power of attorney for finances. Your living will specifically gives directions to any health care providers about wishes or plans you have around end of life care.

A durable power of attorney for health care, however, gives another person the authority to carry out your wishes listed in the medical directive and to make any other medical decisions as needed. 

Finally, a durable power of attorney for finances gives someone else authority over your assets, such as the ability to pay your mortgage if you are unable to do so. You should have all of these documents in place if you wish to have comprehensive protection should something happen to you.