The Importance of Incapacity Planning for the Golden Years

Jan 23

As we age, it is inevitable that our parents, whom we love dearly, will also grow older. This thought can be difficult to comprehend, but it is essential to think ahead and plan for the future to ensure the wishes of our loved ones are met. Incapacity planning may sound daunting, but it is crucial to protecting your family's assets and ensuring their well-being. This blog post will discuss how you can properly plan for the golden years and the importance of incapacity planning.

Start the Incapacity Planning Process Sooner Rather Than Later

Many people mistakenly believe that planning for incapacity is something that can be put off until much later in life. However, this attitude neglects that incapacity can strike at any time and can leave a family vulnerable if they are unprepared. It's best to start the incapacity planning process as soon as possible. Doing so will give you peace of mind that your loved ones will be taken care of in an emergency.

Establish Powers of Attorney

One of the first steps in incapacity planning is establishing powers of attorney. This legal document designates a trusted individual to decide on your behalf if you become incapacitated and cannot decide for yourself. This trusted person will be able to manage your financial and medical affairs while you are unable to.

Consider a Living Trust

Another powerful tool for incapacity planning is a living trust. A trust allows an individual to transfer assets into a trust, which a trustee can manage. If you become incapacitated, the trustee will be able to manage the trust on your behalf. A living trust also helps avoid probate, which can be costly and time-consuming.

Name a Healthcare Proxy

A healthcare proxy is a trusted individual who can make medical decisions if you cannot make them for yourself. This person will be able to communicate with healthcare professionals on your behalf and ensure that your medical preferences are followed.

Update Your Plan Regularly

It's essential to review and update your incapacity planning documents regularly. This review would include changes in personal circumstances such as marriage, divorce, or having a child, which may require changes to an individual's incapacity plan. Regular updates will help ensure that your incapacity plan is up-to-date and reflects your current wishes.


Planning for incapacity may not be an everyday conversation, but it is a crucial part of protecting loved ones and ensuring their well-being. Proper incapacity planning can save thousands of dollars in court fees and legal expenses and give peace of mind, knowing that your plans will be followed if incapacity occurs. The golden years of our families can be met with ease through proper planning. Start the planning process early, establish powers of attorney and healthcare proxies, consider a living trust, and update your plan regularly. With these measures in place, you can protect your family's assets and ensure their well-being during this vulnerable time of life.

We Can Help You

Our team has a history of creating satisfying estate plans that include incapacity planning that bring peace of mind and help our clients avoid some of the challenges associated with transferring property and money at the time of their death. Call our office at (805) 576-7693 to schedule an appointment with our team of experienced attorneys. You can also contact us by using our convenient online form.

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