For individuals and families in the Rochester and Finger Lakes areas of New York, having an incapacity plan is absolutely essential. Regardless of whether you are a new adult who is starting out in life, a recently married couple planning on having children, or an older person nearing retirement, creating the specific legal tools that address the possibility that you might one day become incapacitated is something you should not delay. To help give you a better understanding of what incapacity planning involves and how you will go about doing it, here are some tips you will want to consider.
Tip 1. Give yourself some time to think about your personal choices.
While the incapacity planning process involves creating various types of legal tools, it starts with you and your decisions. What do you want to happen to you if you become incapacitated? Are there certain types of care or treatment you want to refuse? Are there spiritual, religious, cultural, or personal concerns you have when it comes to medical care? Only you can answer these questions, and you need to give yourself some time to think about them before you make any final choices.
Tip 2. Research the relevant issues.
A lot of the choices you make in your incapacity plan will require you to have a basic understanding of medical technology, terminology, and treatments. To make knowing choices, you’ll have to do a little homework. Whether you research these issues on your own, speak to your health care providers about your concerns, or do anything else, it’s important that you take the time to better understand the essential concepts so you can feel more comfortable making knowing decisions.
Tip 3. Talk to an incapacity planning expert.
Once you make your decisions about medical care in the face of incapacity, your next step will be to make sure that your decisions will be honored should you lose your ability to communicate. This is why it’s so important to speak to an attorney who has experience in helping clients create incapacity plans. A lawyer who understands the common issues that arise in incapacity planning, and who has experience helping clients through the process, is the only person you should talk to if you want to create a comprehensive plan.
Tip 4. Make your wishes in writing and review them regularly.
Your lawyer will guide you through the process of making the appropriate incapacity planning documents that will protect your choices. The important thing to remember is that this process is not finished once you have the documents in place. You must regularly review your incapacity planning choices and be prepared to make changes if your desires, or your circumstances, change.
Michael Robinson, Estate Planning Attorney
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