Planning in case of incapacitation is just as important as planning for your estate, especially if you have young children.
For each of our will and revocable trust packages we include the following documents and include enrollment in the Docubank Emergency Access system:
General Durable Power of Attorney
Who will make decisions for you if you are unable to make them for yourself? Who will have the power to sign documents on your behalf, or make sure your bills get paid?Without a durable power of attorney, someone who is mentally incapacitated must be taken to guardianship or conservatorship court to have a decision maker named for them by a judge. A carefully written durable power of attorney will allow you to name someone you trust to make decisions for you if you become disabled to the point of no longer being able to make those decisions yourself.
Health Care Power of Attorney
A healthcare power of attorney allows your trusted friend or family member to make medical treatment decisions for you if you are unable to communicate your wishes to doctors. Without one, you must have a guardian or “conservator” of your person appointed by the court before decisions can be made on your behalf.A healthcare power of attorney not only saves precious decision making time, but it also makes sure that the individual you trust the most has the power to make these most important decisions for you if you are unable to make the decisions on your own.
The Health Insurance Portability and Accountability Act of 1996 (HIPAA), absent a written authorization from the patient, a health care provider or health care clearinghouse cannot disclose medical information to anyone other than the patient or the person appointed under state law to make health care decisions for the patient. This document allows the hospital to speak with the people you want them to.
Advance Directive or Living Will
A living will or directive to physicians directly informs your doctors that you do not want extraordinary medical measures taken, especially those that would cause you pain or discomfort, if those measures would only prolong the dying process. This document backs up your health care power or attorney. Anyone can deliver this document to our doctors if your agent under your health care power of attorney is unavailable to make health care decisions for you.
Organ Donor Form
This form informs your care givers and family that you wish to donate some or all your body, and in which specific ways.