Incapacity Documents

This package is available for those who already have a will or trust plan in place but need to add or update their incapacity documents.  Incapacity documents are used during a period of incapacity when you cannot make health care decisions yourself and cannot handle your financial affairs.  Below is a list of the basic incapacity documents that all estate plans should include.

Financial Power of Attorney

This document is critical to enable another to handle any financial assets that are not titled to your trust.  If all you have is a Will, this document is even more important to allow someone to handle all of your financial matters during a period of incapacity.  

Health Care Power of Attorney

This document designates someone to make health care decisions for you in the event that you are not capable of making health care decisions yourself.  In this document, you will set the parameters of authority for your agent.

Mental Health Care Power of Attorney

In Arizona, in order to place someone in a level one behavioral facility, your agent must have specific authority in writing.  This document allows your agent to place you in such a facility for evaluation or treatment only when required by your treating physician.  Absent this authority, the only way to make this type of placement is through an emergency guardianship.

Living Will

This document expresses your wishes with regard to end-of-life decisions.  This includes whether you wish to be kept on life-support, receive CPR or receive artificial nutrition and hydration. 

Final Disposition Instructions

Your instructions for the final disposition of your body are included in this document, including whether you with to be cremated or buried, where and how this should be accomplished and who is responsible.