Planning for Incapacity

While you are capable of making decisions for yourself, it is important to put a plan in place in the event you should become incapacitated.  Incapacity can be a short-term matter, such a recovering from an accident or it can be a long-term matter in the event of chronic disease that impairs cognitive abilities.

We suggest the following documents be considered in your plan.  The most important aspect is choosing people who you trust implicitly to make decisions relating to your personal and financial care if you are unable to make the decisions for yourself.

Appointment of Health Care Representative:  You appoint a person to make health care decisions for you in the event you are unable to communicate your wishes to medical personnel.   These decisions can include end of life decisions.  It is important that you discuss your wishes about these matters with your Health Care Representative.

Living Will:   By signing a Living Will you are letting your health care representative along with your family, your friends, clergy and health care professionals know that you do not want medical interventions if you are in a persistent vegetative state.  However it is your Health Representative’s duty to enforce or not enforce your Living Will based upon what she or he knows of your wishes and the relevant facts.

Durable Power of Attorney:  This document is only valid while your are alive and is perhaps your most important document because it ensures that your affairs will be managed by someone you trust in the event you become incapacitated.  You select the person who will manage your bank accounts, real estate and financial affairs.

Designation of Conservator:   If you become incapacitated and do not have a power of attorney or your power of attorney is not available then the Probate Court may appoint a Conservator of your person and or estate.  The Designation of Conservator tells the court who you would prefer to be appointed

Administering a Conservatorship.   When a person is unable to take care of his or her personal and/or financial affairs and has not given authority to another party either through powers of attorney or trusts to manage his or her affairs, the probate courts in Connecticut will appoint a Conservator to manage his or her affairs.  We are able to represent clients who are appointed as conservators and advise them in their legal obligation as conservator as well as assist in the filing of the appropriate documents and the administration of the conservatorship. We are also able to serve as conservator for our clients,  assisting them in the management of their financial and personal affairs. When our clients are faced with the prospects of being placed under a conservatorship, we are available to represent our clients in the probate court and to review the conservatorship proceedings to protect our client’s interest.