Chicago Estate Planning for Incapacity | Health Care Directives & Power of AttorneyReasons to Consider Estate Planning for Incapacity

Estate Planning for Incapacity establishes a documented series of procedure to protect various interests of a client in the event of incapacity. Incapacity can result from an unexpected physical tragedy, temporary mental disability, sudden psychological stress, instances of undue influence or intimidation or cases of substance abuse. It may be nearly impossible to predict when any of these events may occur for a client or their loved one, but it is simple and wise to prepare measures in the event that some tragedy does occur. Many clients may wish to begin planning for incapacity to ensure the well being of their business in the event of their unforeseen absence, while others may prefer to create instructions for the care of their spouse, children or other loved ones. Some clients may even want to create health care directives to guarantee that health decisions made on their behalf during incapacity align with their personal and family wishes. In any case, our Chicago estate planning attorneys provide legal counsel for individuals, professionals and families with power of attorney, health care directives, guardianship and other planning for incapacity matters.

Methods for Planning for Incapacity

One of the most useful devices when planning for incapacity may be a power of attorney. A general power of attorney, which may be established in the Last Will & Testament or a separate legal document, allows for a loved one to make legal, health, personal and estate planning decisions on the behalf of a client in the event of incapacity. Some clients may prefer though a specific power of attorney which limits the authority of this actor, for instance, to only critical health decisions.

Health care directives alternatively outline a specific list of preferences and values during medical procedures for the incapacitated. Some individuals value health care directives in that they can avoid potentially painful or life-altering medical procedures, while others wish to create health care directives to emphasize that physicians should perform whatever measures necessary to protect their health.

Establishing guardianship can also be an important estate planning protection that may come into effect during incapacity. A young couple who both become incapacitated during a vehicular accident could assign a temporary guardian until their recovery. Preemptive guardianship can be important to uphold the interests of the parents in the event that they cannot readily express these wishes due to incapacity. Guardianship may even safeguard personal interests should an individual face sudden physical handicap or mental incapacity and be unable to communicate their individual wants for care.