What Happens If I Become Incapacitated?
Without a Durable Power of Attorney and an Advance Healthcare Directive, an Alabama court — not your family — may decide who manages your finances and your medical care. The right documents can keep that decision in your hands.
What you should know
- Without a Durable Power of Attorney, no one — not even your spouse or adult children — has automatic legal authority to access your accounts or pay your bills.
- Without an Advance Healthcare Directive, Alabama follows a statutory surrogate list for medical decisions. If family members disagree, a court may appoint a guardian.
- Guardianship and conservatorship require a court petition, medical testimony, ongoing oversight, and annual reporting — costing thousands of dollars and taking months.
- A revocable living trust can let a successor trustee step in to manage trust assets the moment you become unable to, without court involvement.
- The most important quality in the person you name is not legal sophistication. It is trustworthiness, availability, and the ability to act under pressure.
Are your incapacity documents in place?
Five quick questions about your incapacity plan. Brent reads your answer back to you at the end.
A 30-second guided check. See whether the right documents and the right people are in place.
“I felt very comfortable and safe and any insecurities went away quickly.”
— B.B.
This testimonial reflects one client’s personal experience. It does not guarantee or predict the same or similar results for any other person.