Do you have a loved one declining in their ability to take care of themselves, but you’re not sure if that is considered incapacitated? Are you and other family members not able to agree when an aging parent is a risk to themselves? You’re not alone. So many families confront these kinds of issues. Having your own incapacity plan that names others able to take over on your behalf can give you some peace of mind.
Incapacity is an important consideration for someone’s healthcare needs as well as their legal ability to recognize specific actions and do things for themselves. Incapacity typically arises when an individual has a physical or mental impairment that is so serious that it makes the person substantially unable to provide for their shelter, clothing, or food, or for that person to avoid undue influence of an outside party.
Some of the most common signs of incapacity can include having hallucinations or delusional thoughts, being unable to understand action consequences, being unable to recognize things, people, or places that were once familiar, or being unable to clearly communicate with others.
It can be very difficult to make a formal determination of incapacity, but if you want to establish your incapacity plan, contact our Pasadena estate planning attorneys for more information.
