Life has a way of throwing the unexpected at you when you least expect it. One moment, you can take care of yourself, and the next, a life-changing car accident or sudden illness leaves you out of commission. Most people are uncomfortable thinking about this happening; however, proper planning doesn’t just protect the incapacitated person, but it also safeguards those around them.
One unfortunate reality people rarely want to consider is that disability knows no age range. While most think of dementia or Alzheimer’s taking over in older adults, accidents and strokes, and sudden medical emergencies can find even children and millennials on the wrong end of medical situations. Unfortunately, without prior preparation, family members may find themselves in agonizing situations where they cannot access bank accounts, make medical decisions or even help their loved one pay their bills when they find themselves unable to do so.
The Legal Preparation: Power of Attorney Documents
Power of attorney documents are one necessary aspect of preparing legally for incapacity situations. A power of attorney document allows one person to designate someone else to act on their behalf should they be rendered incapable.
There are different types of power of attorney, with each serving different purposes. A general power of attorney allows one person to act on behalf of another, but once someone becomes incapacitated, that general power of attorney is no longer valid—which is counterintuitive since it’s at that time that the incapacitated person truly needs it. An enduring power of attorney enables an agent to continue acting on the principal’s behalf as per their originally stated intentions after the principal becomes incapable of doing so themselves. For anyone living in the Australian Capital Territory, an enduring power of attorney canberra document can be secured from local legal experts to ensure its validity and required regulations where appropriate and necessary.
There are financial powers of attorney that allow someone to represent your interests in banking, investment, purchases, real estate exchanges and bill payment situations. Spouses may find themselves in different accounts with joint finances unable to pay the mortgage if their partner gets into an accident and cannot communicate. Therefore they need a signed document for them to access that information.
There are also medical powers of attorney that enable someone to speak on your behalf medically. If you cannot articulate if you want a life-saving procedure or surgery, the medical power of attorney executed prior to the incident will help the doctor understand how better to treat the patient in need. Should there ever be a decision to keep someone on life support, medical power of attorneys work with doctors and surgeons to assure rights regarding surgery vs medication, life support or end-of-life decisions in a manner that respects what the patient would have wanted before having become incapacitated.
Specific Instructions: Advanced Directives
In addition to power of attorney documents, advanced directives help clarify what one wants in certain situations where someone might not be able to answer for themselves. A living will is advanced care regarding what situations might warrant life-sustaining treatment on a terminal basis. Would you want to be kept on life support? If there is no brain activity for over ten minutes, do you want extraordinary measures to be withdrawn—or do you want whatever needs to be done to keep you alive? These questions complicate life when a family member must decide on behalf of a loved one because they no longer can make decisions for themselves in the first place or did not designate anyone else beforehand.
Designating Guardianship Appointments
More severe matters that require ongoing oversight can include guardianship appointments when someone designates an agent to oversee larger life considerations (Where do I live? What services do I receive?). While guardians can be appointed through court when someone is incapacitated without legal orientation ahead of time, it can be time-consuming and costly for questionable results if a family member determines who should effectively help support this previously-capable-now-incapacitated person best. Designating this with legal documentation while the person is still intact allows the decision-maker to determine who will have custody over more everyday functional activities—or better!
The Financial Aspects Associated
Not only do legal documents help prepare for incapacity situations; however, there are financing matters that go into arrangements and preparations for incapacitated persons or those who are their appointed agents.
Those who have joint bank accounts with trusted family members or friends who will help them pay everyday expenses now have access locked due to their relatives’ incapacity status unless there is a document giving them permission to act on someone else’s behalf even if that someone else physically cannot be present.
For these reasons, a revocable trust is still another way for an empowered successor trustee or executor or agent becomes needed to ensure that any actions taken place while you’re alive and physically able continue seamlessly without the court getting involved with conservatorship proceedings unless necessary at the time when the sudden event occurs in question.
Common Mistakes Prevented
Many mistakes happen when legally considering incapacitation. Choosing the incorrect power of attorney can cause more obstacles than solutions. The selected decision-maker must be trustworthy, fiscally responsible and someone who will put aside emotions for the time being until they learn how best to help an incapacitated loved one; otherwise, it would just be creating added stress—and everyone knows attorneys’ fees aren’t cheap!
Choosing someone without consulting them is equally problematic. The potential power of attorney needs to understand their responsibilities based on your values and what you would prefer as a temporarily incapacitated person in specific situations—and this goes beyond simply casting persons-in-charge-for-voting-over-certain-instances. When people fail to consult the future power(s) with clear articulation ahead of time, it reflects poorly on all when proper documentation gets into play.
Additionally, some people create these documents but fail to review them again. Relationships change; people move. The trusted friend ten years ago might not be relevant now due to distance or lost trustworthiness through your own acquired experiences through life over time.
The Peace of Mind To Achieve
One ultimate advantage of thinking about incapacitation even if it’s not comfortable is that once these legal documents get into play, everyone has peace of mind that should something bad happen, their friends or family forever say loved ones know precisely what they would have wanted should they ever become incapacitated.
In addition, family members won’t need to take time out away from caring for their loved one trying to navigate red tape paperwork for the hospital or palliative care services. Instead, if everything is in order ahead of time—even if the family doesn’t want it—they’ll feel relieved that someone else—either family or hired professionals—knows exactly what was intended without further incident.
Life may throw obstacles when you least expect it; however, legally preparing for incapacity situations surrounds insurance for your future self—and those around you who don’t know how best to handle your affairs without proper setup ahead of time so that everyone can operate best!
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