Yes. A complete estate plan will provide protection in the event of incapacity. A complete estate plan can make the loss of capacity less difficult for all concerned by avoiding the involvement of the courts and the State. As part of your estate plan, it is important to have a Property Power of Attorney, a Health Care Power of Attorney, a Mental Health Care Power of Attorney, a Living Will and a HIPAA document. If your estate plan does not properly designate the people you would want to make financial and medical decisions on your behalf, then a court will have the responsibility of making the designations for you. The people you choose should know that they have been designated and how to get access to the documents that they will need. This is imperative, as they will not be able to act on your behalf until they have the documents in their hands.
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