Should I Have a Durable Power of Attorney for Health Care?

Incapacity planning is part of the equation if you want to be comprehensively prepared for the eventualities of aging. No one is especially anxious to consider this contingency, but in reality, many elders do become unable to communicate sound decisions on their own at some point in time.

There is physical incapacitation that makes it impossible to communicate at all, but there are also those who suffer from mental incapacity. Though there are multiple different underlying causes, Alzheimer’s disease is a major culprit. According to the Alzheimer’s Association, this disease strikes around 45 percent of people who are at least 85 years of age.

The Social Security Administration tells us that it is likely that you will reach this age if you are fortunate enough to celebrate your 67th birthday, so this is a very real threat to all senior citizens.

Preparing for Incapacity

To prepare for possible latter life incapacity, you could execute a durable power of attorney for health care. In some areas, this document is called a health care proxy.

When you create a durable power of attorney, you name an agent or attorney-in-fact. This individual would be empowered to make health care decisions on your behalf if you ever become unable to make them on your own.

There is also the financial end of things. A durable financial power of attorney can be added to name someone to handle your financial affairs in the event of your incapacitation. We should point out the fact that you do not have to use the same person to act as your decision-maker in both capacities.

A living will would be another document that should be included in your incapacity plan. With this type of will, you record your preferences regarding the utilization of life-sustaining measures like feeding tubes, artificial hydration, and artificial respiration.

Learn More

We have a valuable resource that you can access through this website if you would like to obtain more detailed information about incapacity planning and durable powers of attorney. Our firm has prepared an in-depth report on the subject, and you can get your copy free of charge. To obtain access, click this link and follow the simple instructions: Free Incapacity Planning Report.

Take Direct Action

Every responsible adult should have a comprehensive estate plan in place that includes an incapacity planning component. If you are currently unprepared, action is required.

Our firm offers free consultations, and we would be glad to help you put a plan in place. We provide each and every one of our clients with personalized attention, because each family is unique, and your estate plan should be custom crafted to suit your needs.

To set up an appointment, send us a message through this page: Essex Junction VT Estate Planning Attorneys.

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Ellen LaPlante

Ellen LaPlante is an attorney whose mission is to provide clients with guidance in Estate Planning, Elder Law, and Medicaid Preparation. She is barred in Vermont and New York. Ellen helps clients put together unique estate plans, including assistance with Trusts, Wills, Powers of Attorney, and Advance Directives. She also works with clients on Medicaid Planning and qualifying for Medicaid assistance.

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