INCAPACITY PLANNING PART 1

FOUNDATIONAL CONCEPTS

LEGAL CAPABILITY

WHAT IS INCAPACITY AND WHY DOES IT MATTER TO ME?

You probably take it for granted that you have the LEGAL ABILITY to

make your own decisions

This ability is known as capacity

Should you lose your ability to make choices, you become legally

incapacitated

Should this happen to you, someone else will have to make decisions on

your behalf

LOST ABILITIES

HOW DOES INCAPACITATION HAPPEN?

There are a lot of ways people can become incapacitated

If you are rendered unconscious or comatose because of an accident, left with decreased cognitive abilities because of a medical condition such as Alzheimer’s

disease, or otherwise become unable to communicate or make choices, you become incapacitated

INCAPACITY PLANS

WHAT DOES INCAPACITY PLANNING INVOLVE?

Incapacity planning is simply the process in which you look ahead to

the possibility of one day losing your ability to make choices, and decide to make choices now that will apply should it happen to you

You’ll make these choices by creating the appropriate incapacity

planning tools

PLANNING TOOLS

WHAT KIND OF TOOLS WILL I NEED?

Though we will talk more about the types of tools you will create in our

next presentation, your plan will include several types of legal

documents

These will either allow you to make decisions now that will apply when you are incapacitated, or pass your

decision-making abilities on to someone else so that person can

make choices for you

LEARN MORE ABOUT INCAPACITY PLANNING IN

MINNESOTA

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