We do our Wills, Powers of Attorneys, and other Estate Documents to care for our loved ones after our deaths. However, if you become mentally incapacitated you won’t be legally competent to do that Planning. The result can be family fighting over control of you, your financial assets, and result in court litigation.
People make the mistake of putting off their Planning until it’s too late. Often this occurs after they have diminished capacity. That doesn’t mean completely incapable, it means not as capable as you once were. This can be a result of trauma or disease such as dementia.
When a person with diminished capacity creates legal documents those documents may be challenged and result in the family fighting and litigation you were trying to avoid.
The solution is easy. Plan now while you are inarguably competent. If you have diminished capacity have your Doctor examine you and write a report indicating you were capable enough to execute legal documents. Your attorney can record an interview with you as competency evidence. You can never prevent all litigation but you can take common sense steps to minimize the chances of litigation and, in the process, save your family from strife.
