When most people think about estate planning, they imagine documents that determine what happens after they pass away. While this is an essential component, a truly effective estate plan must also address something equally important—the possibility that you may become incapacitated during your lifetime.

Whether due to Alzheimer’s disease, dementia, stroke, illness, or an unexpected accident, incapacity can leave you unable to manage your finances or make critical medical decisions. Without a legal plan in place, your loved ones may be forced to seek court involvement to determine your care—often creating stress, conflict, and uncertainty during an already difficult time.

At John D. Laughton, A Professional Law Corporation, we help Monterey families prepare for the unexpected with compassionate, comprehensive incapacity planning.

Why Incapacity Planning Matters for Monterey Families

As medical advancements continue to extend life expectancy, incapacity has become far more common. The following statistics highlight why planning ahead is essential:

• 40% of adults age 85+ develop Alzheimer’s disease
• People living to age 67 are expected to live at least to age 85
• Longer lifespans increase the risk of cognitive decline
• Incapacity can occur at any age due to illness or injury

Without proper planning, a court may become involved in appointing someone to manage your affairs—a process that can be costly, time-consuming, and emotionally draining.

The good news: a well-crafted incapacity plan ensures your wishes are honored and your loved ones are protected from unnecessary uncertainty.

Advance Directives for Health Care: Making Your Wishes Clear

Advance directives are legally binding documents that allow you to decide in advance how medical decisions should be handled if you are unable to express your wishes.

1. Living Will

A living will outlines your preferences regarding:

• Artificial respiration
• Tube feeding
• Hydration
• Life-support measures
• End-of-life care

This document ensures:

• Your medical choices are honored
• Your loved ones are not left guessing
• Family conflict is minimized
• Difficult decisions are not placed on your spouse or children

2. Durable Power of Attorney for Health Care

Not all medical decisions fall neatly into living-will instructions. A durable power of attorney for health care allows you to appoint a trusted agent to make medical decisions on your behalf.

This agent can:

• Speak with doctors
• Approve or decline treatments
• Make decisions when situations fall outside the living will
• Ensure your long-term care wishes are followed

3. HIPAA Authorization

HIPAA laws protect your private medical information, but this can become an obstacle if your loved ones need critical information. A HIPAA authorization allows:

• Your health care agent
• Family members
• Anyone you designate

…to access your medical records and communicate with doctors.

Without it, even family may be legally barred from helping you.

Durable Financial Power of Attorney & Disability Trustee

Medical decisions are only half of incapacity planning—your financial life must be protected as well.

Durable Financial Power of Attorney

This document gives a trusted person the ability to manage your financial affairs if you become incapacitated, including:

• Paying bills
• Managing investments
• Handling banking
• Filing taxes
• Overseeing property

Disability Trustee (for Living Trusts)

If you have a revocable living trust, you may appoint a disability trustee, who will step in to manage trust assets should you become unable to do so.

This avoids:

• Court-controlled conservatorship
• Delays in accessing funds
• Mismanagement or financial risks

Your successor trustee follows your instructions, ensuring your assets are protected exactly the way you intended.

Why You Should Plan Now—Not Later

Incapacity planning is not only for the elderly. Accidents, illness, and unexpected events can affect anyone at any age.

A complete incapacity plan allows you to:

• Maintain control over your medical and financial future
• Protect your dignity and independence
• Reduce stress and conflict for your loved ones
• Avoid court-supervised conservatorships
• Ensure your care reflects your personal values

If you do not have an incapacity plan, your family may face legal hurdles at a time when they need clarity—not complications.

Start Your Incapacity Plan With an Experienced Monterey Attorney

At John D. Laughton, A Professional Law Corporation, we guide you through the entire process with compassion and clarity. Our attorneys help you:

• Create or update advance directives
• Establish durable financial powers of attorney
• Set up disability trustee provisions in your living trust
• Ensure your estate plan fully addresses future incapacity
• Protect your family from court involvement

With the right documents in place, you can feel confident knowing your wishes will always be respected.

Take Control of Your Future Today

If you do not yet have an incapacity plan—or if your existing documents need updating—now is the perfect time to act.