A harsh reality is that any person could become incapacitated and unable to handle their affairs. However, your risks for incapacity increase as you age. That leaves many seniors worrying about what will happen in the event of incapacity. How will doctors understand their medical wishes? Who will handle their finances? That’s why planning for incapacity is so important. This post will explore how Florida seniors can secure their rights and ensure their wishes.
Planning for Incapacity: Steps Seniors Can Take
Establish a Durable Power of Attorney
A durable power of attorney (DPOA) is crucial in incapacity planning. With a DPOA, you appoint a trusted person to act as your agent in financial and legal matters. They can pay your bills, manage bank accounts, or handle real estate transactions. Without a DPOA, your loved ones might need to go through a time-consuming and costly court process. Remember, it must be a durable power of attorney. A general power of attorney will not remain in effect during incapacity.
Create Advance Directives
Florida seniors should also consider advance directives to ensure their wishes in the event of incapacity. A living will can be an important advance directive. You can outline the types of life-sustaining treatments you want with a living will. For example, if necessary, you can outline whether you want mechanical ventilation or feeding tubes. You can also outline your wishes concerning organ donation. With advance directives, you can ensure your medical care aligns with your values and avoid unwanted treatments.
Appoint a Health Care Surrogate
A living will can do a lot to guide your end-of-life care, but there is a lot they don’t cover. That’s why seniors should also consider appointing a healthcare surrogate. With a healthcare surrogacy, you appoint an agent to make medical decisions on your behalf. It ensures that someone you trust makes these decisions when you can’t. They can cover any unforeseen issues that you didn’t plan for. However, it is also essential to discuss your preferences with your surrogate. You must also create a HIPAA release to ensure your healthcare surrogate can access the necessary medical information.
Revocable Living Trust
Managing and protecting assets can be one of the most difficult issues in the event of incapacity. Creating a revocable living trust could offer a solution for some seniors. The senior can place assets in the trust and maintain control over them while they are still capable. However, they can also appoint a successor trustee. Control would pass to the successor if the individual cannot handle their affairs.
While setting up these legal documents can provide protection, communication is another essential element in planning for incapacity. Tell your loved ones about your incapacity plans and discuss your wishes with them. With open communication, you can prevent confusion and conflict later. It is also important to review and update your plans as needed.
Do you need help with incapacity planning in Florida? Click here to contact the Scott Law Offices. We are elder law experts ready to assist Florida’s seniors and their families. Reach out now to learn more about our services.
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