Incapacity Planning
Planning for the Unexpected
Incapacity planning, also called life planning, prepares for the possibility that a car accident, illness, or aging leaves you unable to make your own financial or health care decisions.
For nearly 30 years, Attorney Todd Rosenfield has helped families throughout Westborough, Worcester County, and MetroWest Boston plan with confidence.
The Basics
What Is Incapacity Planning?
If you don't plan for incapacity, you risk the Probate Court stepping in and acting inconsistently with your wishes.
The two major realms of incapacity planning are control over your finances and control over your health care decisions. Legal documents let you give that control to the people you trust most. Making your own choices is always better than surrendering them to a court that has never met you.
Two Sides of Your Plan
Your Finances and Your Health Care
Financial Planning: Durable Power of Attorney
If you become mentally incapacitated, you won't be able to manage your own financial affairs. Many people assume their spouse or adult children can automatically step in, but for others to manage your finances, they must petition the Probate Court for authority.
That process can be lengthy, costly, and stressful. Even if the court appoints the person you would have chosen, they may have to report back to the court every year on how they're spending and investing your money.
A durable Power of Attorney gives the people you trust authority to withdraw money from your accounts, pay bills, take IRA distributions, sell stocks, and refinance your home. Keep in mind that a Will doesn't take effect until you die, and a Power of Attorney alone may be insufficient.
Medical Planning: Health Care Proxy & Living Will
Along with your finances, you should plan for your medical care. Massachusetts law lets you appoint someone you trust, such as a family member or close friend, to make decisions about your medical treatment if you lose the ability to decide for yourself.
You do this with a Health Care Proxy. You should also have a Living Will, which tells others your preferred medical treatments, such as whether to use extraordinary measures if you become permanently unconscious or terminally ill.
Keeping Your Plan Current
Make Sure Your Incapacity Plan Is Up to Date
As time passes and your life changes, an incapacity plan can become stale and outdated. Have your plan reviewed every few years, or after a major life event such as a divorce or a death in the family, so it works the way you intend if it's ever needed.
Next Steps
Explore Your Options
All Estate Planning Services →
Wills, trusts, incapacity planning, and more.
Revocable Living Trusts →
The foundation of the modern estate plan.
Elder Law & MassHealth →
Planning for long-term care and protecting your home.
Virtual Estate Planning →
Plan from home by Zoom, with a secure online portal.
Frequently Asked Questions
Questions Our Clients Often Ask
Can my spouse automatically make decisions for me?
No. Many people assume a spouse or adult child can automatically take over, but without a durable Power of Attorney and Health Care Proxy, your family would have to petition the Probate Court for authority to act on your behalf.
Does a will cover incapacity?
No. A Will only takes effect at your death. Planning for incapacity requires separate documents, such as a durable Power of Attorney, Health Care Proxy, and Living Will, and a Revocable Living Trust can provide even more seamless management of your assets. Learn about Revocable Living Trusts.
What's the difference between a health care proxy and a living will?
A Health Care Proxy names the person who makes medical decisions for you if you can't. A Living Will states your preferences for treatment, such as whether to use extraordinary measures if you become permanently unconscious or terminally ill. Most people should have both.
How do we get started?
Our process starts with listening and learning about you, your family, and your personal circumstances. We explain your options clearly, then custom design, implement, and maintain a plan that reflects your goals. The first step is a free consultation, in person in Westborough or by Zoom. Schedule your free consultation.
Your Estate Planning Attorney
Todd Rosenfield, Esq.
Estate Planning, Elder Law & Probate Attorney · Socius Law Firm
Todd Rosenfield has advised Massachusetts families on estate planning and probate since 1997. From the firm’s Westborough office, he focuses his practice on estate planning, elder law and MassHealth planning, and probate for families throughout Worcester County and MetroWest. Read Todd’s full bio.
Get Started
Plan Ahead, While You Can
Schedule a free consultation, and you'll work directly with Attorney Rosenfield to put the right people in charge if you ever can't decide for yourself.