Whether it’s as a result of the current pandemic or because you’ve had a loved one who suddenly became ill or otherwise disabled, it is important for all adults to think about how their children might be affected by a parent’s incapacity.
If and when something unexpected happens to a loved one, or when their existing mild dementia develops into something more serious, it can be difficult to argue that the person has the right capacity to sign legal documents like a power of attorney. These steps should be taken in advance, preferably when there is no need for the power of attorney agent to act in the immediate future. 
Two of the most important issues to consider in developing your own incapacity plan are who will make the medical and financial decisions for you if you are unable to make them yourself and who will take care of your children if you are not able to do so. If you have no plan in place, you are leaving the decision-making power up to the courts. This can be an expensive process as well as time consuming and something you don’t want hanging over your family’s head in the wake of them already dealing with the challenges in your incapacity.
Even with an attorney to guide your loved ones through the conservatorship or guardianship process, this can be overwhelming and add an unnecessary layer of complexity. All parents who are thinking about these incapacity concerns should at least have two documents in place: a durable power of attorney and a health care proxy.
These documents will end and dissolve at the time of your death, at which point your will and other estate planning documents take place for the transfer of your assets. It is extremely important to have these documents in place to allow for quick action on the part of the people that you appoint in these important roles.
Our Massachusetts estate planning law firm is here to help you get your incapacity plan in order.
