Incapacity Planning: Medical Care
It is important to plan for incapacity. Some would say it is as necessary as planning for death. The biggest difference between the two is, that one is certain, and the other is very likely. So, it is important to make preparations in advance.
What is Incapacity Planning?
Mostly, it means someone is preparing for possibilities where incapacity of performing certain acts or making decisions arise. It is usually a concerned adult that is trying to declare their future incapacity letting someone decide for them based on the stipulated information of the incapacity plan. A Dallas incapacity planning lawyer could help in this case.
Someone who has a physical or mental disorder can get married and enter into a contract. They can make medical decisions, execute trust or will, and do other actions. But, before they declare someone incapacitated by a court or medical professionals, it is important to have a plan in place.
Incapacity planning could include different medical order options like “DNR” or Do Not Resuscitate Order, advance directive or living will, healthcare power of attorney, and more. A Dallas incapacity planning attorney from Vermillion Law Firm LLC could help. Just call today. It makes a world of difference to whoever is caring for you.
Power of Attorney for Health Care
When planning for incapacity, the primary document you need is the power of attorney. An incapacity planning attorney will show you the ropes.
The power of attorney can be general. That is, it gives broad authorization for the named person to act on certain matters. This may include an advance medical directive if incapacitated.
For example, a lawyer at Vermillion Law Firm LLC can help you give somebody a POA to fill out a DNR form for you if needed.
Thus, you can activate the power of attorney before you become incapacitated. For instance, you get diagnosed with dementia. In the early stages, you might still have legal capacity. But you might wish for a trusted family member to handle your matters. For seniors who want someone else to handle their finances, a power of attorney allows someone to act on their behalf for specific tasks.
The power of attorneys is powerful. They give someone else control of your life. This person has to put your interest first and it is possible to sue them for abuse or mismanagement.
The goal of the power of attorney is to protect your interests, not put them at risk. It will take care and diligently choose someone to be your power of attorney. It is also important to name an alternative power of attorney.
However, the power of attorney expires on your death. So the named person has no say in any decisions regarding your funeral or estate arrangements. This is what the executor of your will does.
Living Will: Advance Medical Directive
A living will provides instructions about also works for an advanced medical care directive. It is the one document that most people would rather not think about. But it is very important to have one if you want your wishes to follow.
These documents explain what kind of medical care you want in the event of a brain injury, coma, stroke, or dementia. Do you want feeding tubes or mechanical ventilation to keep you alive? You can also use it to let others know your wishes for burial, cremation, organ donation, and autopsies.
It gets into the details, so do not be afraid to ask for help from Dallas medical care attorneys.
You could also use these for a DNR Order. It is a document with instructions that tells medical personnel not to perform resuscitation.
It is a legally binding order, but it does not mean do not treat. It actually means you should receive exactly the same treatment as someone who does not have a DNR. Treatment with all the same procedures and medication; you just do not want them to perform resuscitation on you.
There is also an out-of-hospital DNR. An out-of-hospital DNR is for people who do not want resuscitation if they have problems outside of a medical facility. They are most useful for those who live in a nursing or assisted living facility.
Recent years have shown us that we do not know what will happen in the future. When we plan for incapacity in advance, it is an act of kindness for both ourselves and our family members.
The Dallas medical care planning attorneys at Vermillion Law Firm LLC can and will walk you through it. Contact us today to start!
