How to Plan for Mental Incapacity

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How to Plan for Mental Incapacity

Getting old is a part of life that everyone experiences in a different way. Hiring an estate planning lawyer to cover all of the things you need to make sure your family is taken care of when you are gone is an essential step. We often don’t think about the fact that there’s a possibility we will be dealing with mental incapacity as we get into our golden years. Planning for incapacity is overlooked by many, but any estate lawyer will tell you it’s a good idea to get things down in writing in the event you are unable to make decisions on your own. Below, we will go over a few ways to plan for mental incapacity so that you are always prepared as you get older.


  • Healthcare Power of Attorney

This is a legal document that appoints a healthcare agent that will make healthcare decision on your behalf in the event you are unable to communicate your decisions on your own. Your healthcare agent will be able to do things like check you into and out of healthcare facilities, receive personal information about your health, review all of your medical records, and more. You can hire an estate planning lawyer to help you get the healthcare power of attorney process squared away.


  • Healthcare Directives

A healthcare directive is another important document to take care of in the event of mental incapacity. It’s a document that details which medical procedures should be withheld. For example, if you don’t want to be put on a respirator, you would detail it in your healthcare directives. Keep in mind that you can always change or update your healthcare directive in the event that you change your preferences. Talk with your estate planning lawyer to get this document taken care of.


  • Durable Power of Attorney

The last legal document you can look into to plan for mental incapacity is the durable power of attorney. This document will appoint someone to take care of your financial obligations and matters if you ever are dealing with mental incapacity. It’s a great idea to establish a durable power of attorney to make sure that your financial matters are all taken care. Reach out to an estate lawyer to create a durable power of attorney and potentially save your family from going through an estate litigation.