Why Plan for Incapacity?

In general terms "incapacity" is the inability to make decisions for oneself. Missouri law has a specific definition for "incapacitated person" and "disabled person" relating to guardianship and conservatorship proceedings. However, for planning purposes the general meaning will be used here. Incapacity is often unpredictable, but it is not uncommon. Whether unexpected or not, once a person becomes incapacitated, decisions about the persons business affairs and healthcare need to be made. Failure to plan for incapacity can cause great difficulty for a family. Access to necessary funds, payment of bills, and business decisions can all come to a halt, or can only be done with stress and confusion. Without proper planning, a Guardianship and/or Conservatorship may be needed in the Probate Court. This can be expensive, time consuming, and contested. The Court could appoint a strangerto make financial and health care decisions for you.

Plan for Incapacity:

To AVOID being kept alive by machine contrary to your wishes and to AVOID a stranger making decisions about your care, you can take steps to make sure someone you trust makes decisions about your affairs and healthcare if you are unable.

There are various planning techniques to achieve these goals. Some of the most common are:

• Durable Power of Attorney for Financial Affairs - This document achieves many purposes. First, it can give someone you trust the authority to take care of your business affairs even if you are incapacitated. You can determine the extent to which someone else will act on your behalf. It provides assurance that your affairs won't be made in chaos in the event of your incapacity. It can avoid the need for a Conservatorship proceeding in Probate Court.
  
  
• Durable Power of Attorney for Health Care; This document focuses on decisions concerning your health care. You can name someone you know and trust to make these personal decisions for you even if you are mentally incapable of making such decisions. It can avoid the necessity of a Guardianship proceeding in Probate Court.
  
  
• Health Care Directive This document sets forth your preference regarding various kinds of medical treatment. It assures that health care providers know your desires. It helps to avoid unwanted surgeries or efforts at life support. It should be used in addition to, and not as a substitute, for a Durable Power of Attorney for Health Care.

Contact Oelbaum & Brown to assist you in planning for incapacity. We have attorneys who are experienced in working with these type family decisions; we have prepared these type planning documents for hundreds of other families.