Incapacity Planning

Prepare Today for Whatever Tomorrow May Bring

Incapacity can strike unexpectedly — whether due to illness, injury, or aging.
Without a clear plan in place, you risk leaving critical financial, legal, and healthcare decisions in the hands of courts or overwhelmed family members.

At Fletcher Barrow, we help individuals and families prepare comprehensive incapacity plans that ensure their wishes are respected, their finances are protected, and their loved ones are supported.

What is Incapacity Planning?

Incapacity planning involves creating legal documents and strategies to ensure that if you lose the ability to manage your affairs, trusted individuals can step in and act on your behalf — according to your instructions.

It’s about maintaining control over your life, even if you are unable to make decisions for yourself later on.

What is Estate Planning?

Estate planning is the process of arranging for the management, preservation, and transfer of your assets during your lifetime and after your death. It allows you to: 

Good estate planning is an act of love and responsibility — providing clarity, stability, and security for those you care about most.

Key Components of an Incapacity Plan

Power of Attorney for Property

  • Appoints someone (your “Attorney for Property”) to manage your finances, real estate, investments, and legal matters if you are unable to.
  • Helps ensure bills are paid, assets are preserved, and financial obligations are met without court involvement.

Power of Attorney for Personal Care

  • Appoints someone (your “Attorney for Personal Care”) to make healthcare, housing, and personal decisions if you become incapacitated.
  • Covers medical treatments, living arrangements, and personal support services.

Living Will or Advance Healthcare Directive

  • Provides specific instructions regarding medical care, life-support decisions, and end-of-life treatment preferences.

Trusts

  • Certain trusts can be structured to protect assets and provide for your care if you become incapacitated.
  • Can reduce the need for court-appointed guardianships.

Why Incapacity Planning Matters

Maintain Control

Decide who manages your affairs, instead of leaving it to chance.

Protect Your Assets

Avoid frozen accounts, delayed transactions, and court fees.

Ease the Burden on Loved Ones

Spare your family from difficult legal battles and emotional strain.

Ensure Medical Wishes Are Honored

Specify your preferences for treatment and personal care.

Avoid Court Guardianship

Without valid Powers of Attorney, family members may have to apply to court to be appointed as your guardian — a costly and lengthy process.

Frequently Asked Questions

When does a Power of Attorney take effect?

You can specify whether your Power of Attorney takes effect immediately upon signing or only upon a medical finding of incapacity.

Can I have different people manage my property and healthcare?

Yes! Many people appoint one person for financial matters and a different trusted person for healthcare decisions.

What happens if I don’t have an incapacity plan?

Without one, your loved ones must apply to the court to be appointed as your guardian, which is time-consuming, stressful, and expensive.

Can I revoke or change my Powers of Attorney?

Yes. As long as you are mentally competent, you can revoke or amend your Powers of Attorney at any time.

Is incapacity planning only for seniors?

Not at all. Accidents, illnesses, and sudden medical events can happen at any age. Every adult should have an incapacity plan in place.

Protect Your Wishes and Your Future

Incapacity planning is a vital part of protecting yourself, your family, and your financial security. At Fletcher Barrow, we’ll work with you to create a personalized plan that gives you peace of mind — knowing that your future is in trusted hands.

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