Incapacity planning is important both in making decisions for end of life care and in ensuring your affairs are in order should an unexpected health issue arise. There are several types of legal documents which allow individuals to plan for the possibility of future incapability, including:
- Representation agreements,
- Enduring powers of attorney,
- Advance directives, and
- Appointment of committee.
Each of these documents grants different types of decision making abilities to the appointed person. Lawyers at DuMoulin Boskovich can talk to you to determine what type of document would serve your needs best.
If someone becomes incapacitated without agreements for decision making in place it may be necessary to apply for the court to appoint a committee. Appointing a committee is a serious legal matter, as it removes a person’s right to make his or her own decisions. Once a person is appointed committee of the vulnerable person, he or she will be granted the ability to make decisions regarding the vulnerable adult’s person (health care, residence), the person’s estate (financial decisions), or both, depending upon what is granted by the court. DuMoulin Boskovich counsels know the complexities of the specific legal criteria that must be met in order to establish a committeeship.