Disability Planning
No person likes to think about their possible disability or incapacity. However, it is an essential part of any life and estate planning. In order to plan for your possible disability or incapacity, I recommend that you consider the following documents:
- Durable Power of Attorney for Property/Financial (DPOA-Property
- Durable Power of Attorney for Health Care (DPOA-Health Care)
- Advance Directive for Health Care (ADHC)
Durable Power of Attorney – Property
A DPOA-Property allows you to appoint a person to act as your agent on your behalf with respect to your property and money matters. It can take effect immediately or in the future if you become disabled or incapacitated. It can be very general or limited in its scope. It is “durable” in the sense it survives your later disability or incapacity. It terminates on your death. A properly drafted and executed DPOA-Property can help you avoid the time and expense of a guardianship.
Durable Power of Attorney – Health Care
A DPOA-Health Care allows you to appoint a person to act as your agent on your behalf with respect to certain decisions about your health and medical care. It can take effect immediately or in the future if you become disabled or incapacitated in the future. It is “durable” in the sense it survives your later disability or incapacity. It terminates on your death. A properly drafted and executed DPOA-Health Care can help you avoid the time and expense of a guardianship.
Advance Directive – Health Care
An ADHC is a specific type of document that allows you to tell your health care providers, in advance, how you want to be treated in the event you are determined by a physician to have a “terminal condition,” are “persistently unconscious” or have an “end-stage condition.” These terms have a particular definition under Oklahoma law. Under the ADHC, you can appoint a person called your “health care proxy” to carry out your wishes in the event you have one or more of these conditions. The ADHC is a must have document.