What are Incapacity Plans?

What are Incapacity Plans?

In the event you are incapacitated and are unable to attend to matters on your own, it is important to have the proper estate planning documents in place.

Unexpected events can happen at any time, which is why you need to have and other estate planning documents in place today. What would happen if you become incapacitated and unable to manage your own affairs or communicate your wishes? This can happen in a variety of situations, such as due to accidental injuries, illnesses, or conditions that become more common as we age. Having an incapacity plan helps ensure you and those you love are protected.

What Does Being Incapacitated Mean?

Being incapacitated generally means being unable to make decisions, communicate, or care for yourself. Under section 1002.017 of the Texas Estates Code, it refers to a minor or an adult who is unable to do the following:

  • Provide food, clothing, or shelter for themselves;
  • Care for their own health or physical needs;
  • Manage their own financial affairs.

Incapacity often impacts older adults, who may suffer debilitating conditions such as dementia or Alzheimer’s Disease. However, it can also impact younger people. Physical injuries, sudden illnesses, chronic health conditions, emotional issues or mental disorders, or even drug and alcohol addiction can all render a person incapacitated, as well.

Creating an Incapacity Plan

Unexpected circumstances can render you incapacitated and unable to communicate or provide for yourself. In these situations, having an incapacity plan can be vital to protecting your loved ones and ensuring you are provided for. It conveys your wishes regarding the management of your health and affairs while authorizing certain people to make decisions on your behalf. Many of these legal documents fall under the category of advance directives in Texas and include:

  • Power of attorney: This is a legal document authorizing someone you trust to make important financial and/or business decisions on your behalf;
  • Medical power of attorney: This authorizes someone you trust to make important medical decisions on your behalf. These may involve where you receive care or specific types of treatments.
  • Directive to Physicians and Family or Surrogates Form: This allows you to convey your wishes in advance regarding certain types of medical care and treatments.
  • Do not resuscitate (DNR) orders: This informs emergency providers or others of your desire to have a natural death.
  • Health Insurance Portability and Accountability Act (HIPAA) Authorization: A HIPAA form authorizes medical providers to release important information about your condition to loved ones.

Contact Our Lake Jackson, Brazoria County Estate Planning Attorneys Today

To discuss your options in creating an incapacity plan, reach out to the Cordoba Law Firm, PLLC. Contact our Brazoria County estate planning attorneys in Lake Jackson and request a consultation today.