Planning for Incapacity With Powers of Attorney and Guardianship

Planning for the future is an essential task; we never know what’s just around the corner, and while no one ever hopes for incapacity, it is always a possibility. In Kentucky, establishing a power of attorney is a practical way to ensure your wishes are respected if you are unable to make decisions for yourself.

There are different legal tools and documents that can be used to protect your best interests. Learn more about them and how to use them most effectively by calling John H. Ruby & Associates at 502-895-2626.

An Overview of Planning for Incapacity

Incapacity means you are unable to make your own decisions due to physical or mental deficits. For example, you may be considered incapacitated if you are in a coma or suffering from dementia—you are unable to execute a legal document. Planning ahead for this type of situation ensures that your personal, financial, and medical affairs are managed as you prefer. 

If you don’t plan, your loved ones might face legal challenges or conflicts about handling your matters. Powers of attorney and guardianship are key legal tools to address these issues. Consider someone with multiple adult children suddenly becoming incapacitated. Their spouse might assume that they want one thing, while each of the children has their own beliefs regarding their parent’s preferences. Even though the spouse would be considered next of kin, this type of disagreement could cause significant strife in the family. Planning for incapacity helps your family stay strong when they need each other most.

Understanding Powers of Attorney

A power of attorney is a legal document that lets you choose someone to make decisions for you if you can’t. This person, called an agent, can handle your finances, healthcare, and other important matters. There are different types of powers of attorney. A general power of attorney gives your agent broad powers, while a limited power of attorney restricts their authority to specific tasks. A durable power of attorney stays effective even if you become unable to make decisions.

Benefits of Having a Power of Attorney

Having a power of attorney can make managing your affairs much easier if you’re unable to do so yourself. It allows your chosen agent to make decisions quickly and efficiently, without needing court approval. This reduces the stress and emotional strain on your family during difficult times. Your agent can handle your finances, healthcare, and other important matters according to your wishes. This means bills get paid on time, and medical decisions align with your preferences. It also provides peace of mind, knowing that someone you trust is in charge.

The Role of Guardianship

Guardianship is when a court steps in to appoint someone to handle the affairs of a person who can no longer make decisions for themselves. This appointed person is called a guardian. Guardianship usually happens when there is no power of attorney set up beforehand or if the existing power of attorney is being challenged. 

Unlike powers of attorney, guardianship involves ongoing court supervision, which can be both time-consuming and costly. The court will determine who the guardian should be, based on the best interests of the incapacitated person. This legal process ensures that the person’s needs are met, but it can be more complicated and less private than having a power of attorney. Because of these challenges, it’s often considered a last resort.

Steps to Set Up a Power of Attorney in Kentucky

First, choose someone you trust to be your agent. This person will make important decisions for you, so reliability is key. Next, decide what authority you want to give your agent. You can choose a general power of attorney for broad responsibilities or a limited one for specific tasks. You should be comfortable having frank discussions with this person about your preferences regarding healthcare and finances, as they will make these crucial decisions for you when you are unable to do so. Your estate planning attorney can help you set up the necessary documentation to ensure that your POA is legally enforceable.

Choose John H. Ruby & Associates for Help with Your Planning

When you’re ready to set up powers of attorney, our team of attorneys is here to help you navigate the process. Give us a call at 502-895-2626 or contact us online to get started.