What is an Incapacity Mandate?
- An incapacity mandate is a legal document that gives someone else (the mandatary) the power to make decisions about your property and personal care if you (the mandatory) become mentally incapable.
- You must be mentally capable to sign an incapacity mandate.
- You can appoint more than one person. For example, you may want one person to take care of you and another person to take care of your property.
- You can also name a substitute in case the first person you choose is unable to act for you.
Why is an Incapacity Mandate Important?
- Having an incapacity mandate means YOU choose the person who will make decisions about your care and property when you are unable to.
- The choices you express in your mandate (while capable), typically override any alternate arrangements someone may make for you.
- If you do not have an incapacity mandate, someone else could be appointed to take care of you and your property.
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