Understanding the Importance of Power of Attorney

An incapacity plan is a collection of legal tools that serve as a safety net against the possibility that you might one day lose your ability to make choices. Incapacity planning gives you, and your family, reassurance that should the worst happen to you, you will leave clear instructions about your wishes.

Medical Decisions
One of the more pressing concerns that incapacity planning addresses is the question of the types of medical care you do or do not wish to receive should you lose your ability to communicate.

  • Do you want to receive CPR if you are in the final stages of a terminal illness?
  • Do you want your doctors to take heroic measures to maintain or prolong your life?
  • Are there situations in which you would want a type of care, but other situations in which you wouldn’t?

All of these questions lie at the heart of incapacity planning. By creating various types of advance medical directives, you can maintain control over the types of medical care you would want to receive should you become incapacitated. Your incapacity plan will also allow you to appoint someone who will be able to communicate with your doctors and make decisions on your behalf.

Financial Responsibilities
If you become incapacitated tomorrow, who will pay your bills for you? Who will look after your property? Who will be responsible for contacting your bank, business partners or anyone else with whom you have financial dealings?

It’s important that your incapacity plan address questions like these in addition to any medical choices or decisions. Regardless of your individual circumstances, each of us have personal and financial responsibilities that must be managed should we become incapacitated. Without the proper plan in place, we have no control over who will manage these affairs on our behalf.

An incapacity plan will include various tools to address the personal and financial responsibilities you need addressed. An example is the financial powers of attorney that allows you to choose an agent who will represent your interests. Your agent, under power of attorney, will be able to step in to begin managing your responsibilities.

Caring for Children
What happen to your children if you and your spouse were involved in a car accident tomorrow? Who would take care of your children? What about financial needs? How would you make sure your children receive the care they need?

If you haven’t already done so, creating an incapacity plan that chooses a guardian for your children is an essential step to take if you have young children.

Making Individual Choices
Though the tools involved in incapacity planning are the same for everyone, the choices you get to make are entirely yours. The incapacity planning process is designed to allow you to create a plan that meets your individual desires and circumstances. If you haven’t already created a plan, you can learn more at our Free Monthly Seminars, or contact Deason Garner & Hansen Law Firm at (928) 783-4575 as soon as possible! We will help you make an appointment with our attorneys, Shawn D. Garner or Adam D. Hansen so that you can learn more about incapacity planning and power of attorney in Yuma, Arizona.

Where Do I Start?

Watch Our Seminar

Are you unsure where to start with your estate planning? Watch our seminar video to get an overview of estate planning and receive a $200 credit at Deason Garner & Hansen Law Firm. Then give us a call and make an appointment with our attorneys in Yuma, Arizona, Shawn D. Garner or Adam D. Hansen, to get started!

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