Those who want to be comprehensively prepared for the future should be very practical and avoid wishful thinking. If you prepare for potentially challenging situations in advance you are doing what you can to control the fallout.
With the above in mind you would do well to execute the appropriate incapacity planning documents when you are planning your estate.
There is a distinct possibility that you will suffer a period of incapacity before passing away. This sometimes happens to people who die before their time due to accidents or catastrophic illnesses.
However, it is very common among those who live to an advanced age. The Alzheimer’s Association states that around 40% of people who are at least 85 suffer from this debilitating disease that causes dementia.
People who suffer from dementia may not be able to make sound decisions, and if you were deemed incapacitated the court would have to appoint a guardian if you did not take action to name representatives to act in your behalf.
This is done through the execution of durable powers of attorney.You could execute one of these documents for health care decisions and another for financial decisions.
When it comes to the matter of health care you should also include a HIPAA release that allows a person or people of your choosing to evaluate your medical records.
If you do not have any plan in place to address possible incapacity we can help. Simply take a moment to arrange for a free consultation by clicking this link and filling in the form that you see: Free South Carolina Incapacity Planning Consultation
Kuhn & Kuhn Law Firm is a member of the American Academy of Estate Planning Attorneys.