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Maura Curran, Attorney
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How to Choose the Right Agent for Your Incapacity Plan

How to Choose the Right Agent for Your Incapacity Plan

 

Most folks think estate planning is just about deciding who gets your stuff when you’re gone. But here’s the thing: planning for what happens while you’re alive and unable to manage your own affairs is just as important—maybe even more so.

If you become incapacitated (unable to make your own financial or medical decisions), who’s going to step up and handle things? Without a solid plan, the courts decide, and trust me—that’s not the ideal way to go. Let’s talk about how to choose the right people for the job and why it matters.

What Happens Without an Incapacity Plan?

If you don’t have a plan, the courts will appoint someone to:

  1. Manage your finances (a conservator or guardian of the estate).
  2. Make personal and medical decisions for you (a guardian or guardian of the person).

Here’s the catch:

  • Court-appointed guardians and conservators operate under strict supervision. They may need court approval for big decisions, like selling property or making life-sustaining medical choices.
  • The process is time-consuming, expensive, and often stressful for your loved ones.
  • Worst of all, the court might choose someone you wouldn’t want in charge.

Who Should You Choose?

When you create an incapacity plan, you take control of the situation by naming trusted individuals to act on your behalf. These two roles are critical:

  1. Financial Agent: Manages your money, pays bills, and handles property.
  2. Healthcare Agent: Makes medical decisions, like treatment options and end-of-life care.

Here’s what to consider when choosing the right person for each role:

1. Where Do They Live?

Modern technology makes it easier for someone far away to handle financial matters. But for healthcare decisions, having someone local—who can show up at a hospital or doctor’s office—can be a big advantage.

2. How Organized Are They?

Your agent needs to juggle a lot: managing your finances, keeping track of your medical needs, and balancing your own life. If they can’t stay organized, things could slip through the cracks.

3. How Busy Are They?

An agent with a demanding career or frequent travel might not have the bandwidth to take on your responsibilities. Choose someone who has the time to focus when it matters most.

4. Do They Have Relevant Expertise?

Experience matters. A financial agent with a background in money management or a healthcare agent with medical knowledge can make better-informed decisions. You can also split the roles—one person for finances and another for healthcare.

What Happens If You Don’t Plan Ahead?

If you skip incapacity planning, your loved ones will likely have to go to probate court to get a guardian and conservator appointed. This:

  • Takes time.
  • Costs money.
  • Adds stress to an already tough situation.

The solution? Create a plan now that names your agents and outlines your wishes.

What Should You Do?

  1. Think Carefully: Choose people who are trustworthy, capable, and willing to take on the responsibility.
  2. Have the Conversation: Talk to your chosen agents to make sure they’re on board and understand your wishes.
  3. Get Professional Help: An estate planning attorney can guide you through the process, making sure everything is legally sound and customized to your needs.

We’re Here to Help

Choosing the right agents for your incapacity plan is one of the most important decisions you’ll make. Don’t leave it to chance—or the courts. Reach out to us today to create a plan that puts you in control, even when life throws you a curveball.