Mandate in Anticipation of Incapacity: Accidents happen in the blink of an eye
The idea of losing the ability to decide for oneself is not a pleasant thought for anyone. No one, however, is invulnerable to a serious accident or illness that could result in the loss of one's mental faculties. It doesn't always happen to other people!
» Who would take care of you if, suddenly, you could no longer take care of yourself?
If misfortune were to befall you, who would take care of you and your property? Who would have the authority to refuse or consent to medical treatments in your name, or to decide in which health-care institution or long-term care facility you would be placed? Who would see to your comfort and well-being? Temporary or long-term incapacity to manage your affairs could also put you in a very delicate position. That is why it is crucial to choose a person who will make sure your rent is paid, your insurance policies are kept up, your tax returns are filed, and who, if need be, will see that your house is sold for a good price to ensure you have proper financial protection.
Some people tend to assume that, if they are not able to attend to their normal affairs or make decisions in their own best interest because of illness or infirmity, their spouse or children will automatically be authorized by law to do these things. This is incorrect.
In the absence of a mandate given in anticipation of incapacity, parents and friends must be gathered together to give their opinions as to who should take care of you and your assets. In the case of split or blended families, discussions of this nature are often heated, to say the least. Just think what would happen if the spouse from whom you have been separated for 20 years ended up sitting around the same table as your children from your second union. Why let others make decisions that are rightfully yours to make?
The Civil Code allows you to prepare a mandate in anticipation of your incapacity. By doing this, you can name in advance the person(s) who will be authorized to take care of you and your assets should something happen to you. Writing a will protects your loved ones; writing a mandate in anticipation of incapacity protects you.
Don't let others make decisions for you as to who will take care of you when you are no longer able. Take the time now to choose someone you trust.