What happens if I become incapacitated?

If you were to become mentally or physically incapacitated, the Court would appoint a guardian or conservator to handle your affairs.  To avoid having to obtain a court-appointed guardian or conservator, you can name a durable power of attorney who can act for you.

To avoid a question as to your wishes concerning medical care, it is a good idea to prepare a Health Care Declaration or Directive (sometimes called a “living will”).  This document outlines your wishes in the event you are unable to communicate, such as in a vegetative state.  You may name a proxy on this document who can speak for you and carry out your wishes. 

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