To many estate planners, disability planning documents are the most basic, and the most important, foundational documents in anyone’s estate plan. These documents allow you to pick the person you want to make decisions for you should you be unable to make decisions on your own. Additionally, these foundational documents allow you to commemorate in writing your health care choices in case your agent is unavailable and you are suffering from a catastrophic disability.
In this document, you are able to pick your agent (someone to manage your assets should you become disabled). A well drafted Durable General Power of Attorney will allow your agent to step into your shoes and manage any assets you could have managed prior to your disability. Additionally, this document allows you to name contingent agents in case your agent of first choice is unable, or unwilling, to act on your behalf.
This document is similar to the Durable General Power of Attorney but, instead of allowing an agent of your choice to manage your assets, this document allows your agent to make medical decisions on your behalf if you are unable to do so.
This document is also known as a Declaration as to Medical and Surgical Treatment or a Declaration to Physicians. This document should be drafted so that it does not conflict with your Power of Attorney for Health Care. Additionally, in case of conflict, your Power of Attorney for Health Care is usually drafted to take precedence so that the person of your choice always has the final decision, if that person is available.
This language allows your designated agents to have access to your health information should they need it to decide on your care. Although this language may be drafted into a stand alone document, typically it is incorporated into your other disability planning documents.
