Nobody likes to think that they may someday be incapacitated to the point that they are unable to make their own legal decisions. In reality, however, this situation occurs all too often. Unfortunately, too many individuals do not plan accordingly and their financial, health, business, and personal affairs are neglected until the court steps in. Disability planning is a necessity for military personnel and their spouses. Planning for the unknown is arming yourself and your family for battle.

Documents to Prepare
Disability planning can be addressed with several essential documents

• durable power of attorney
• living will
• medical power of attorney
• living trust.

Durable Power of Attorney
If you own property and you become incapacitated, your ownership does not cease. However, due to your incapacity, you or your family may not be able to do anything with the property. For example, if you own a home in your and your spouse's name as joint tenants with right of survivorship. If you become incapacitated, your spouse is powerless to sell the home even if the proceeds are needed to pay for your care. Had you prepared a durable power of attorney granting your spouse the power to sell the home, your spouse would have the legal authority to sign the sales documents on your behalf.

Without the durable power of attorney, your spouse would be forced to petition a court for a guardianship that would enable the disposition of the home. Unfortunately, a guardianship proceeding can be costly and time-consuming. Similarly, if you had placed your ownership interests into a living trust, upon your incapacity the successor trustee would have the power to sell the home and use the proceeds in your interest.