Powers of Attorney and Healthcare Directives: Incapacity Planning

slide0If a person becomes unable to manage his or her own financial and medical affairs, then court involvement can be necessary to get a court appointed conservator or guardian.  Court involvement can be expensive, time consuming and go against the individual’s wishes.  To avoid court involvement an individual must have a power of attorney and healthcare directive.

We routinely draft powers of attorney so that in the event of incapacity the financial affairs of our clients can be effectively managed according to their wishes in an efficient fashion.  In addition, we create healthcare directives so that our clients can nominate who will make their medical decisions if they are not capable of making those determinations themselves.  Healthcare directive agents not only can make medical decisions, but they may also be given the responsibility for making end of life decisions.  In the event of an emergency, a healthcare directive can direct who medical personnel should contact in order to make decisions. Furthermore, healthcare directives can reduce family conflict by providing a clear decisions maker.