Incapacity Planning

Incapacity Planning and its Importance
Incapacity planning is essential for preparing yourself and your family for unforeseen circumstances where you may lose mental capacity. Without a plan in place, important decisions regarding your health, finances, and personal matters may be left unresolved. An incapacity plan typically includes documents like living wills, healthcare power of attorney, and financial power of attorney, which outline your preferences and empower trusted individuals to act on your behalf. Regularly updating your incapacity plan ensures its relevance and effectiveness in guiding decisions during life-changing events.
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Preparing You and Your Family for Life’s Uncertainties

The future is uncertain for us all. When it comes to major life decisions regarding your health, finances, and personal well-being, you should have a plan in place in case you lose your mental capacity one day.

At the Law Office of Bryan Fagan, PLLC, our team of experienced Houston attorneys can help you create an incapacity plan to ensure you and your family are well prepared for any possibilities that might affect your future.

What Is Incapacity Planning?

Incapacity planning or life planning addresses future possibilities. The most important part of this plan is considering what you want to happen should you become incapacitated and unable to make choices on your own.

Why Is Incapacity Planning Important?

Incapacity planning is an important step you must take to protect yourself and your loved ones in the future. You will not be able to make important decisions regarding your health, end-of-life care, finances, property, and other personal matters if you are incapacitated. And, without an incapacity plan, there is no way for your loved ones to determine how to take on these decisions for you. Be proactive so you and your loved ones do not have to deal with this situation.

If you do not put an incapacity plan in place, there is also the possibility your family might have to go to court to petition for the right to manage your affairs.

What Does an Incapacity Plan in Texas Include?

An incapacity plan in the state of Texas often consists of multiple documents, orders, and trusts established to keep you and your assets safe.
An incapacity plan in the state of Texas might include but is not limited to the following:

  • Living will– to detail the type of care you would like to receive in the case that you lose your mental faculties.
  • HIPPA release document– gives medical staff permission to speak with your family about your medical condition.
  • Health care power of attorney (HCPA) document – allows you designate a specific person to make medical decisions on your behalf.
  • Do Not Resuscitate Order (DNR) – expresses when you would not like to receive resuscitative measures.
  • Financial power of attorney document – gives someone else the authority to make financial decisions for you if you cannot do so otherwise.
  • Revocable living trust– determines who gets your assets when you pass.

Should You Update Your Incapacity Plan?

You should update your incapacity plan as your life changes. Life changes that might influence or otherwise affect your incapacity plan include the birth of a new child, getting married, moving to a new state, injury, and/or a death in the family.

Contact our firm at (281) 810-9760 or get in touch with us online to learn more about our incapacity planning services today!

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The First Step is Starting a Conversation with us about your Estate Planning or Will and Trust Related Matters