CFP

Incapacity Planning - Introduction

Definition of Incapacity
Incapacity refers to the lack of sound mind or lack of maturity to enter into a binding agreement or make decisions on one's own behalf.

Estate planning includes how a person's health and financial assets will be managed if they become physically or mentally incapacitated during their lifetime. Without a plan for managing these assets, a court-ordered, court-supervised guardian will be appointed to make personal, health care and property management decisions for the decedent in the event they become incapacitated.

The term "Advance Directives" is used to describe a group of documents generally executed as part of an estate plan that communicates, in advance, certain authorizations or wishes. They are used to carry out a person's wishes with regard to their health care and financial affairs in the event that they are unable to personally communicate their wishes. These documents are not testamentary in nature, as is a last will and testament; advance directives are effective and come into use during the creator's lifetime. The most common advance directives can be found below.



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