Issues of Incapacity in Estate Planning

One of the most common estate planning mistakes is to focus on creating trusts and wills to make sure that property is transferred according to your wishes, to the exclusion of anything else. Another essential issue to consider when estate planning is incapacity. When a person is unable to make medical decisions or handle a situation because of an injury or medical condition, someone else needs to step in. In Oklahoma, a person’s wishes for how incapacity issues should be handled should be clearly outlined in an advance care directive. Healthcare Directives When a person experiences incapacity, he or she is unable to provide details about what type of medical care he or she should receive. Healthcare directives become effective when a person is no longer able to speak for him or herself as a result of a medical condition. These directives allow a person to list the types of medical treatment he or she would like to receive and not like to receive. After a person executes a healthcare directive, a person has the option to alter or revoke it at any time. Healthcare Power of Attorney There are a number of medical procedures that might be used for [...]