Planning for Incapacity: Who Makes Decisions if You Can’t?

|

None of us plan to become incapacitated—but planning for it is one of the most important steps you can take to protect yourself and your loved ones. If you’re ever unable to make decisions due to illness, injury, or cognitive decline, who will step in to help? And more importantly—will they have the legal authority to do so?

At Haugen Law Firm, P.C., we help individuals and families throughout Denton, Collin, Dallas, and Tarrant Counties prepare for the unexpected with practical and effective estate planning tools.

What Does Incapacity Mean?

Incapacity refers to a person’s inability to make informed decisions due to a medical condition—such as a stroke, accident, Alzheimer’s, or serious illness. Without proper legal documents in place, even your closest family members may be unable to act on your behalf.

Who Makes Decisions if You Can’t?

Without a plan, a Texas court may need to appoint a guardian to make personal, medical, or financial decisions for you. This process can be stressful, time-consuming, and expensive for your family—and you won’t have a say in who’s chosen.

With the right estate planning documents, you stay in control of who will speak and act for you:

1. Medical Power of Attorney

Allows you to name someone you trust to make healthcare decisions if you can’t.

2. Durable Power of Attorney

Gives a trusted person authority to manage your finances, pay bills, and handle legal matters on your behalf.

3. HIPAA Authorization

Permits your chosen agents to access your medical records and speak with doctors.

4. Advance Directive (Living Will)

States your wishes for end-of-life care in situations involving terminal or irreversible conditions.

Why It Matters

Having these documents in place:

  • Prevents court-appointed guardianship
  • Gives you control over who will make decisions
  • Provides clarity and comfort to your family
  • Ensures your medical and financial choices reflect your values

Plan Ahead with Haugen Law Firm

Incapacity planning isn’t just for seniors—it’s essential for adults of all ages. At Haugen Law Firm, we treat our clients like family and work hard to ensure your plan reflects your unique needs and wishes. We’re proud to serve families and individuals across Denton, Collin, Cooke, Dallas, and Tarrant Counties with trusted legal guidance in family law, criminal defense, and estate planning. If you have questions about your legal rights or need personalized support, our dedicated team is here to help. Contact us today! 

Categories: