Elderly couple discussing legal matters with an attorney.
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No one can predict the future, which means you never know what life may bring, and despite the fact that many people plan for their own deaths or those of their loved ones, it’s also important to consider the possibility of being alive but physically incapacitated. In such a state, you won’t have the luxury of advocating for yourself or making decisions about your medical care or the use of your assets.

With that said, having an incapacity plan in place can help you gain peace of mind as you contemplate that kind of daunting scenario, but beyond that, incapacity planning has several benefits that can ensure protection for your own assets and an easier path for your loved ones, including the following:

Communicating Your Wishes

Should you become incapacitated, you will no longer have the ability to express your wishes concerning your medical care or how your assets are handled. 

Fortunately, planning ahead can help you avoid being at the mercy of others in those regards, and it can keep your family from worrying about what will happen to you or your assets. You’ll have the freedom to select someone you know and trust to handle matters that pertain to you, which makes for a much better approach than having a judge who doesn’t know you form decisions on your behalf.

Avoiding Conflicts Between Loved Ones

There’s no doubt that your becoming incapacitated will result in stress for your family members, and not knowing where your wishes lie just serves to multiply that stress and invite additional conflict into an already harrowing situation.

When you have an incapacity plan in place, the decisions about your care and asset management have already been made. All your family members have to do is execute them, which takes a lot of the mental load away from them and brings them assurance that they are doing the right thing.

Protecting Your Financial State

There are several ways to protect your finances in the event that you become incapacitated. You may hand over power of attorney to a particular family member whom you trust to make decisions on your behalf. You may also place your assets into a trust to create a buffer and ensure they are distributed the way you would want. 

Having an incapacity plan allows you to think ahead about your future financial state and ensure you don’t fall into financial ruin while you are unable to make your own decisions. You will still be able to take care of your bills and other financial obligations, and you’ll also ensure that any investments you have, such as stocks or real estate, will be managed according to your plan instead of what others want or think.

Getting Timely Medical Treatment

If you become incapacitated without having a plan in place, it is likely that the court will have to make decisions for you regarding your finances and your life, but unfortunately, because the legal process can be extremely slow, that may result in a significant delay in your bills being paid or you being able to get the money you need for medical treatment.

With an incapacity plan in place, your loved ones will be able to retrieve money right away for any expenses you may have, which can turn out to be a lifesaving measure if you need emergency treatment.

Getting Help From an Elder Care Attorney Can Bring Protection and Peace of Mind

While considering the possibility of you or a loved one being physically incapacitated can be overwhelming, you can get through it with the right help. An experienced attorney can help you understand the legal implications of each decision you make and deliver sound advice regarding your personal situation. 

Contact an elder care attorney at Kallio Law Firm in Prairieville, but serving all of Ascension Parish and the greater Baton Rouge area today to discover the options available to you and get help to move forward with your incapacity plan.