Incapacity is an important term as it relates to estate planning. The existence of a power of attorney enables you to authorize someone else to make medical decisions on your behalf if you are incapacitated and unable to do so. Many estate planning instruments like this become active when the person who created it becomes incapacitated.
Furthermore, many of these same instruments cannot be created after the fact once the person attempting to execute them is incapacitated. This is a very complex issue that can raise a lot of conflict within a family and it is very important to have a clear understanding of incapacity when creating your documents.
A person is generally considered incapacitated when they are no longer able to maintain their own physical wellbeing or to manage their own affairs. Certain medical conditions can also trigger an incapacity declaration, such as mental illness or dementia.
Infirmity and age can also decrease a person’s ability to care for themselves and incapacity can also refer to those people who are in a coma or unconscious, making it impossible for them to voice their concerns or make decisions. Creating a power of attorney enables your family to avoid the difficult circumstances of having to go to court to decide who will be appointed in this role.
In Massachusetts, incapacity is looked at through the lens of someone with a clinically diagnosed condition that leaves them unable to communicate decisions about their self-care, safety, or physical health.
Your Massachusetts estate planning lawyer is a valuable resource to turn to when creating estate planning documents. Taking precautionary steps to limit the possibility of a validity challenge is important and can ensure that your wishes are followed in a timely manner.
