Planning for Incapacity is as Important as Planning for Death

The estate planning process most people think of has to do with how their assets will be distributed after death. However, estate planning attorneys know planning for incapacity is just as important. The aptly named article, “Estate Planning Assumes You Die. Health Planning Assumes You Live,” from Forbes, provides details on how families can prepare to navigate illness, disability, cognitive decline and caregiving.

When families are faced with a loved one who has experienced a stroke, dementia, a diagnosis of Parkinson’s disease or another chronic debilitating condition, practical and personal concerns are first and foremost. Who will oversee care? What specialists should be on the team? Can our widowed mother still live at home on her own? How are we going to pay for Dad’s care?

Healthcare navigation can change an individual’s life and their financial situation fast. Planning can help.

A generation ago, most of the long-term illnesses people faced led to death. We are now living longer and are more intensively involved with healthcare. The intersection of healthcare, caregiving and wealth preservation requires a strategic, informed approach.

A health continuity plan includes current medical information, contact information for key medical providers, insurance details, Financial and Healthcare powers of attorney, Advance Directives/Living Wills and emergency contacts.

Families are often stunned when they learn they don’t have the legal authority to make medical decisions in a crisis. Unmarried couples are even more vulnerable.

Before a crisis occurs, the family should talk with an estate planning attorney to be sure the legal documents to support the health continuity plan are in place. To talk with doctors, insurance companies and access medical records, they’ll need a Healthcare Power of Attorney.  A Durable Financial Power of Attorney should be created so a family member can pay bills for the loved one. The attorney can also discuss asset protection to help the person qualify for Medicaid if long-term nursing care is needed.

Why not just download a power of attorney form? These documents need to be prepared by an estate planning attorney and tailored to the person’s individual situation, just as a Will or Trust needs to be drafted for everyone.

An important note: an incapacitated person may not execute legal documents. By the time the family notices their loved one is suffering from cognitive decline, it’s often too late. This is why advance planning, in tandem with estate planning, is so important.

Estate planning has always focused on protecting assets. However, today it should also include protecting decision-making and managing health care for ourselves and those we love.

Reference: Forbes (June 30, 2026) “Estate Planning Assumes You Die. Health Planning Assumes You Live”