Life can change without warning. Wendy Williams, the former talk show host, announced her recent diagnosis with Graves’ Disease, primary progressive aphasia, and frontotemporal dementia. This news highlights how a sudden medical condition can throw your life into upheaval.
When a loved one becomes incapacitated without proper legal preparations, it can cause chaos in families. Last year, Bruce Willis’ family announced his struggle with aphasia and frontotemporal dementia. It is crucial to plan for an incapacity before it happens.
What Is Incapacity?
Incapacity occurs when you are unable to make financial, medical, or personal decisions due to a physical or mental condition such as dementia, stroke, or an accident. Alzheimer’s Disease is on the rise and many Americans struggle with cognitive function and can’t care for themselves. However, incapacity can affect anyone regardless of health status or age.
To be declared legally incapacitated, a physician must state in writing that the person can no longer handle their financial or medical decisions.
How Do You Handle Incapacity?
There are legal tools to help those who are unable to manage their own affairs. If someone in your family is incapacitated, you may petition a court to become their conservator. If the court appoints you, you can make financial, medical, and personal decisions for your loved one. Jay Leno recently filed a conservatorship for his wife, Mavis, due to her dementia. However, filing for a conservatorship takes time and money. Fortunately, you can avoid conservatorship by planning ahead with legal documents.
What Legal Documents Should I Have in Case of Incapacity?
The three documents to put in place before you have a sudden extended illness or incapacity are:
- Medical Power of Attorney
- Advance Medical Directive or Living Will
- Financial Power of Attorney
What Is a Medical Power of Attorney?
A medical power of attorney, also known as a health care power of attorney, lets you name someone as your health care agent or health care surrogate to make health care decisions for you when you can’t. This document allows your agent to talk to medical professionals and your care team, get your health care information, and advocate for your medical care.
What Is an Advance Medical Directive?
An advance medical directive, also known as a living will, allows you to state your wishes regarding end-of-life treatment and care. You direct what life-sustaining treatments you want if you are terminally ill or in a permanent vegetative state. Many states combine a medical power of attorney with an advance medical directive to make one document called a health care directive.
What Is a Financial Power of Attorney?
A financial power of attorney lets you name someone you trust as your agent to handle your financial affairs when you can’t. You grant your agent authority to handle certain transactions, such as paying bills, filing taxes, managing property, and even running your business. Your agent can maintain your family’s support if you cannot. It is a big responsibility, and your agent has a fiduciary duty to act in your best interest.
Who Should I Choose as My Agents?
Naming agents in your documents requires careful consideration. One person may not be the best for all situations. For example, you may have a family member who is organized and good with money who could handle your financial affairs and another who is knowledgeable about health care and your wishes and can advocate on your behalf for medical matters.
An agent for a financial power of attorney should be organized, knowledgeable about financial matters, and willing to take on the responsibilities of managing your financial life.
A health care agent or surrogate should be able to understand medical terms and information, communicate with doctors and caregivers, and advocate for your wishes.
Talking with your agents about your preferences and how you want them to handle things for you is important.
Plan Ahead Before It’s Too Late
Wendy Williams’ condition is a stark reminder of why planning for incapacity is essential before you have health issues. By establishing a medical power of attorney, an advance medical directive, and a financial power of attorney, you can choose your agents, state your wishes, and maintain control, even when you can’t speak for yourself. Contact an estate planning attorney today or look into online estate planning forms to create your power of attorney documents.
Related Resources
- How To Plan Proactively for a Medical Emergency (FindLaw Resources)
- What Do I Need To Know To Make a Financial Power of Attorney Myself? (FindLaw Resources)
- Bruce Willis Needs a Health Care Directive (FindLaw TikTok)
