It is often said that when you create an estate plan, “you plan for the worst, but hope for the best.” This phrase rings especially true with two particular documents, which should be included in every estate plan: Advance Health Care Directive and Durable Power of Attorney for Financial Management. These documents come into play not at time of death, but in case of a person’s incapacity, whether it’s short lived or long term. Although the topic of incapacity is not the easiest to think about, it’s vital in protecting not just yourself, but also sparing the heartache and legal expenses to your loved ones. The first document, Advance Health Care Directive (“AHCD”) allows you to designate someone to make medical decisions in case of incapacity. This person, called an agent, is typically a spouse or partner, a family member, or a close friend. You can make the powers effective immediately or only after you’ve become incapacitated. The most important role your agent will play is making end-of-life decisions. You can decide how much leeway you want your agent to have. You can grant very broad powers and leave decision making entirely up to the agent or you can be very specific about the type of treatment you would like to get or refuse to have. For example, you can specify that you don’t want doctors to artificially prolong your life if you’re in an irreversible coma or persistent vegetative state, or if you become terminally ill and the use of life-sustaining procedures would only artificially delay your death. The second document that protects you during incapacity is called Durable Power of Attorney for Financial Management (“DPA”). Like the first document, a DPA allows your designated agent to make financial decisions for you in case of your incapacity. Once again, such powers can be very broad or limited in scope. For example, your agent can be given broad power to make all financial decisions for you or only act in regards to a particular property or business entity. Again, these powers can be effective immediately or upon finding of incapacity. If AHCD and DPA are not in place during incapacity, then your relatives and/or friends must go to court to get control of your person and estate. Quite often, more than one person petitions for this job, which can lead to quarrels for control among loved ones. A painful example of this is the infamous case of Terri Schiavo, a young woman who ended up in a permanent vegetative state. In that case, her parents fought to keep their daughter alive through artificial means, while her husband wanted to put an end to her suffering. This battle between family members lasted seven years, numerous court hearings, staggering attorneys fees and enormous heartache. To avoid this situation, you can protect yourself and your loved ones by creating a comprehensive estate plan that specifically sets forth your desires in case of incapacity.