Incapacity planning can be a delicate subject for seniors and their families. The idea of a loved one being unable to make decisions is distressing. However, a failure to plan can result in serious issues for the senior and their family. Making proper medical decisions or effectively handling finances will be difficult without a plan. That could lead to family conflict, or you may even need to take matters to court.
One key issue with planning for incapacity is knowing which family members to involve. Various family members may need a voice in the process for different reasons. This post will explore this question to help families decide.
Determining Which Family Members to Involve in Incapacity Planning
The Senior
It might seem obvious that the senior should be at the center of incapacity planning, but families sometimes sideline them. These are important conversations about their lives, and the individual’s wishes, values, and preferences must guide all decisions.
Approach conversations with patience, empathy, and active listening. Encourage open discussions about healthcare, finances, and end-of-life care. Frame the planning as a way to maintain control over their future. Even if cognitive decline is an issue, try to involve them as much as possible.
Their Spouse or Partner
A spouse or partner will often play a key role in planning. They may have a legitimate legal right, but their personal and emotional connections are also significant. In most cases, they are the default decision-maker during incapacity if the individual has no plans. However, formalizing the authority can be useful. There may also be issues concerning the spouse/partner’s cognitive decline. Family dynamics or other issues may also make the spouse/partner less suitable as a decision-maker.
Adult Children
The senior’s adult children also need a voice in incapacity planning. That is especially true if one or more children have caregiving responsibilities. Children with relevant skills, such as financial or medical expertise, may take on key roles. The adult children are also good candidates for roles like power of attorney and healthcare surrogate. It is important to note how family dynamics can impact the situation. Some children might feel left out, and others may feel like they are doing more than their share.
Other Close Relatives
Family members like the senior’s siblings or nieces and nephews may also play a role. They may be essential if the individual has no spouse or children. Sometimes, the individual may also have close relationships with extended family members. Close friends might also be worth including. Even if these people don’t have decision-making authority or care responsibilities, they can provide emotional support.
A lot goes into incapacity planning; including the right people is just a start. You must determine roles, gather and organize key documents, and work through various issues. The family may also need to navigate complex legal matters. You may need an attorney to explain options and draft legal documents.
Do you or a senior loved one need incapacity planning services? The team from Scott Law Offices can help you understand your options. We can also assist with creating trusts, POAs, and healthcare surrogacy. Reach out now to learn more!
