ABA Family Legal Guide

The Rights of Older Americans

A Right to Control Your Own Affairs

Durable Power of Attorney

What may I do to make sure that people consider my wishes if I become incapacitated?

You should make plans now, while you have capacity, to be sure your wishes are met. Several planning tools guarantee you a voice in your future. If incapacity strikes, these tools will name the person you want to act on your behalf and/or tell other people how to care for you and your property.

There are different types of planning tools. Some--such as the power of attorney, joint property arrangements, and living trusts--cover your property and financial affairs. Others, known as advance directives for health care, address your health-care concerns, including decisions near the end of life.

The details of creating these documents vary from one state to another. However, some general principles apply.