Thinking about a sudden illness or accident can feel uncomfortable, yet taking a little time now can spare your family many headaches later. Incapacity planning lays out clear directions for health care and money matters if you are no longer able to speak for yourself. At Foust & Foust, PLLC, we walk Tennesseans through the process in plain language so their wishes stand, not a judge’s guess. Our team crafts plans that fit each household while keeping paperwork and stress to a minimum.
What is Incapacity Planning?
Incapacity planning means preparing for the day when illness, injury, or cognitive decline stops you from handling your own decisions. Without written instructions, Tennessee courts may need to appoint a guardian or conservator, pulling your private life into the public record. A solid plan lets trusted people act for you, managing both financial tasks and health choices according to the directions you leave.
Money matters such as paying bills, filing taxes, or selling property are covered, as are medical treatments, living arrangements, and end-of-life care. By setting everything up ahead of time, family members avoid costly court proceedings and can focus on their well-being instead of red tape.
Key Components of Incapacity Planning
Several documents work together to create a full safety net. Each one serves a different purpose, and combining them offers strong protection.
Durable Power of Attorney
A Durable Power of Attorney (DPOA) lets you name an agent to handle legal and financial tasks if you lose capacity. Because the document is “durable,” it stays valid even after incapacity sets in. Without a DPOA, loved ones might need to petition the court for conservatorship just to pay your mortgage or access a bank account.
Advance Healthcare Directives
Advance directives speak for you when you cannot. A Living Will lays out medical treatments you want or reject, especially around life support. A Healthcare Power of Attorney appoints someone you trust to make other treatment choices on your behalf.
Adding a HIPAA release gives your chosen agent access to medical records so doctors can share information freely. This step avoids delays at the hospital door when time matters.
Revocable Living Trust
A Revocable Living Trust holds assets during your lifetime while letting you keep full control. If incapacity strikes, the successor trustee you named steps in quickly, managing trust assets without court oversight. Because the trust is revocable, you can amend or cancel it anytime while you remain competent.
Guardianship and Conservatorship
When no prior planning exists, family members must ask a Tennessee court to appoint a guardian for personal care or a conservator for finances. Court supervision often brings extra cost, delays, and possible family conflict. Having powers of attorney and trusts in place usually removes the need for these public proceedings.
How Foust & Foust, PLLC Assists Clients with Incapacity Planning
Our firm uses a step-by-step approach that keeps the process comfortable and clear.
Personalized Consultation
We start with a relaxed meeting where you share goals, worries, and family dynamics. During this talk, we explain each tool in everyday terms and answer every question, no matter how small.
Customized Planning Solutions
After learning your situation, we draft a plan tailored to your assets, health concerns, and family structure. Whether you need a simple DPOA or a full trust package, the end result fits you rather than a one-size form.
Document Preparation and Review
Our attorneys prepare all paperwork, from powers of attorney to trust certificates, and double-check every clause for legal accuracy. We also walk you through proper signing so each document meets Tennessee requirements.
Ongoing Support and Guidance
Life changes, and so can your plan. We offer periodic reviews and quick answers when questions pop up, keeping documents current with marriages, births, moves, or new laws.
Benefits of Incapacity Planning with Foust & Foust, PLLC
Putting a plan in writing offers peace of mind and many practical perks, including the items below.
- Your medical wishes stay in your own hands, not a hospital ethics board.
- Family members avoid court filings, saving time and money.
- Assets remain protected and managed according to your instructions.
- Loved ones gain clear guidance, reducing stress during an already tough time.
The chart that follows shows how each planning tool tackles common concerns.
| Incapacity Tools at a Glance | |||
| Document | Main Purpose | Who Acts | Court Needed? |
| Durable Power of Attorney | Handle finances and legal tasks | The agent you appoint | No |
| Healthcare Power of Attorney | Make medical decisions | Health agent | No |
| Living Will | State end-of-life choices | Self (in advance) | No |
| Revocable Living Trust | Manage and distribute assets | Successor trustee | No |
| Guardianship/Conservatorship | Court-appointed control when no plan exists | Court-chosen guardian or conservator | Yes |
Contact Foust & Foust, PLLC to Get Started
If you are ready to lock in your wishes and spare your family future hassles, call us for a planning session. Reach our Knoxville office at (865) 203-4041, send a note to contact@foustlaw.com, or use the form on our website. We respond promptly and explain the next steps in language that makes sense. Let’s work together today so you and those you love can breathe easier tomorrow.
