Plan Today to Protect Tomorrow
Why Disability Planning Matters
Disability Planning – also known as Incapacity Planning – ensures your voice is heard if you lose the ability to speak for yourself. It empowers trusted individuals to make critical medical and/or financial decisions on your behalf if you’re ever incapacitated due to injury, illness, or cognitive decline.
What Is a Disability Plan?
A Disability Plan includes a collection of legal documents that assign and authorize trusted individuals to manage your affairs if you become unable to do so. A Plan typically includes:
- Power of Attorney (POA): authorizes someone to manage your financial matters.
- Health Care Directive: lets someone make medical decisions and express your treatment wishes.
- Revocable Living Trust (optional): manages and protects assets if you can’t
What Happens If You Don’t Have a Plan?
Without legal documents in place, you and your loved ones may face stressful and costly delays.
You risk:
- A court naming a Guardian or Conservator, possibly someone you wouldn’t choose.
- Family disputes about your medical treatment or financial decisions.
- Delays in paying bills or approving medical procedures.
- Loss of privacy as courts intervene.
If the incapacitated person cannot make those decisions, then who will? In an extreme situation, the courts will become involved to name a Guardian and/or Conservator to make and be responsible for decisions that impact the incapacitated adult. It is possible that someone other than the one you would want to serve in these roles could be appointed.
Benefits of Planning Ahead
As competent adults, we are accustomed to making our own decisions and living with the consequences! Most of us value independence and the freedom to make choices as we wish.
Disability Planning keeps you in control. Through planning for incapacity, you identify and name the people you would want to step in and be responsible for making decisions on your behalf.
|
Benefit |
With Disability Plan | Without Disability Plan |
|
Decision-Making |
Your chosen agents act quickly |
Court may appoint a stranger to act on your behalf |
|
Asset Access |
Immediate access for bills and care expenses |
Frozen accounts or delays |
|
Medical Wishes |
Clear directives honored |
Uncertainty, family conflict |
|
Cost |
Minimal legal fees upfront |
Expensive court process later |
How It Works
- Execute a Power of Attorney to assign someone to handle your financial affairs.
- Create a Health Care Directive so a trusted individual can communicate your medical preferences.
- (Optional) Establish a Revocable Living Trust to manage your assets if you become incapacitated.
- Nominate a Guardian in your Health Care Directive, in case court involvement is still needed.
With a valid Power of Attorney and Health Care Directive, there are people designated by you in place to make decisions on your behalf if you become unable to do so. Because these people are in place, the need for the court to appoint a Guardian or Conservator is greatly reduced. Additionally, if it should still be necessary that a Guardian be appointed, you may nominate the person you wish to act as your Guardian in your Health Care Directive.
FAQ: Quick Answers to Common Questions
What’s the difference between a Power of Attorney (POA) and a Health Care Directive?
A POA covers money and legal matters, while a Health Care Directive covers medical care.
Who should I choose as my agent?
Someone you trust, who is reliable, and understands your values. Often, clients choose a spouse, adult child, or close friend.
Can I change my plan later?
Yes. As long as you’re mentally competent, you can update or revoke documents any time.
What if I move to another state?
Your plan may still be valid, but state laws vary. It’s wise to review your documents with a local attorney.
Get peace of mind. Take control. Ensure your wishes are honored.
Schedule your free consultation with Amy Kuronen.