The primary objectives of incapacity planning are to maintain control as long as possible, prevent the need for court-controlled guardianship, and ensure that if you become incapacitated, your agents know your wishes and have the authority to carry them out. If you do not plan for incapacity, a judge will determine when you can no longer handle important decisions and who will make those decisions for you. Proactive planning allows you to choose your substitute decision-maker and determine how and when that person takes control. The specific wording of your planning documents and the people you choose to help make decisions will determine how well your plan will work.
