Life doesn’t always go as planned, and while we may hope to never face a medical emergency or period of incapacity, the reality is that these events can happen to anyone at any time. That’s why estate planning isn't just about what happens after we pass—it’s also about protecting ourselves and our families while we're still living. Preparing for incapacity ensures that trusted individuals can step in to manage our medical and financial decisions if we're ever unable to do so ourselves.

At Donohue, O’Connell & Riley, we guide individuals and families through this important aspect of estate planning. Whether you're creating your first plan or updating existing documents, taking proactive steps today can protect your loved ones from uncertainty and prevent unnecessary stress down the road.

Why Incapacity Planning Matters at Any Age

Many people assume that incapacity planning is only relevant for seniors, but unexpected illness, injury, or accidents can strike at any age. Without a plan in place, your loved ones could be forced to seek court approval to make medical or financial decisions on your behalf—often during already stressful circumstances.

Here are a few common scenarios where incapacity planning can make a critical difference:

• A car accident leaves you unconscious and unable to communicate medical decisions
  
  
• A temporary illness requires hospitalization and time away from managing your finances
  
  
• A chronic condition progresses, limiting your ability to handle daily responsibilities

In each of these situations, having legally authorized agents and clear instructions ensures that your healthcare and financial matters are handled according to your wishes—and spares your family from guesswork or legal battles.

Key Documents: Living Wills, Healthcare Proxies, and Durable Powers of Attorney

Incapacity planning relies on a few essential legal documents that work together to provide protection and clarity. Each plays a distinct role, and together, they form the backbone of a solid incapacity plan:

• Living Will: A living will outlines your preferences for medical treatment in the event you're unable to speak for yourself. This may include instructions about life-sustaining treatments, resuscitation, feeding tubes, and organ donation.
  
  
• Healthcare Proxy (Medical Power of Attorney): This document allows you to appoint a trusted individual—known as your healthcare agent—to make medical decisions on your behalf. Unlike a living will, which addresses specific treatments, the healthcare proxy gives your agent the flexibility to respond to a variety of medical scenarios.
  
  
• Durable Power of Attorney: A durable power of attorney authorizes someone to manage your financial and legal affairs if you become incapacitated. This includes paying bills, accessing bank accounts, managing investments, and signing legal documents.

Each of these documents should be tailored to your unique situation and reviewed regularly to reflect your current wishes. We recommend working with an experienced estate planning attorney to ensure all documents meet legal requirements and function as intended when needed most.

Choosing the Right Healthcare Agent and Communicating Your Wishes

Selecting a healthcare agent is a deeply personal decision that requires trust, clarity, and communication. Your agent should be someone who understands your values, is willing to advocate for your preferences, and is capable of making informed decisions under pressure. This could be a spouse, adult child, close friend, or another trusted individual.

Once you’ve selected your agent, it’s critical to have open conversations about your medical values and expectations. Consider discussing:

• Your preferences around life-sustaining treatment and resuscitation
  
  
• What quality of life means to you
  
  
• Religious or spiritual beliefs that may guide your care
  
  
• Any specific wishes regarding long-term care or end-of-life decisions

While your legal documents provide the framework, these personal conversations give your agent the context they need to act in your best interest.

Planning for Temporary Incapacity vs. Long-Term Disability

Incapacity doesn’t always mean a permanent loss of decision-making ability. Sometimes, it’s temporary—like recovering from surgery or an illness. In other cases, it could be the result of a long-term or progressive condition, such as dementia or a traumatic brain injury.

Your incapacity plan should account for both:

• Temporary Incapacity: Your agent can step in to handle short-term financial and medical needs while you recover, then return control to you once you’re well again.
  
  
• Long-Term Disability: If the incapacity is ongoing, your plan should include clear guidance on managing long-term care, housing, and ongoing financial responsibilities.

We help clients prepare flexible plans that adapt to both short-term and long-term scenarios, ensuring continued protection regardless of how circumstances unfold.

How Incapacity Planning Fits Into a Complete Estate Plan

Incapacity planning is an essential piece of a well-rounded estate plan. It works alongside other documents—like your will, trust, and beneficiary designations—to protect you during your lifetime and ensure a smooth transition of assets after death.

Here’s how it all fits together:

• During Life: Your powers of attorney and healthcare proxy empower your chosen agents to manage your affairs if you’re unable to do so yourself.
  
  
• After Death: Your will and/or trust dictate how your assets are distributed and who will be responsible for carrying out your final wishes.

When all parts of your estate plan work in harmony, you gain peace of mind knowing that your affairs are covered—no matter what life brings.

Take Control of Your Future Today

Incapacity can happen suddenly and without warning, but the good news is that it’s entirely possible to plan ahead. By putting the right legal protections in place, you’re not only preserving your dignity and autonomy—you’re also giving your loved ones the gift of clarity and guidance during uncertain times.

At Donohue, O’Connell & Riley, we help clients at every stage of life prepare thoughtful, legally sound estate plans that include incapacity planning. If you’re ready to take the next step toward protecting yourself and your family, we invite you to contact us to schedule a consultation. Let’s work together to build a plan that gives you confidence for the road ahead.