When people think about estate planning, the first thing that usually comes to mind is a will.

But many families in Maine are surprised to learn that the most important documents are often not the ones that take effect after death.

They are the ones that protect you while you are still living.

Because the biggest risk is not death. It is being alive and unable to make your own decisions.

Why This Gets Overlooked in Maine Estate Planning

A common assumption is:

“I need a will.”

And while a will is an important part of a complete plan, it only becomes effective after death.

Incapacity planning addresses a different and often more immediate concern.
What happens if you are still here but unable to manage your own affairs?

The Two Documents That Step In When You Can’t

1. Durable Power of Attorney (Financial)

A Durable Power of Attorney allows a trusted person to manage financial matters if someone is unable to do so themselves.

This can include:

• Paying bills
• Accessing accounts
• Managing investments
• Handling property and financial decisions

Choosing the right person is an important part of this process. You can learn more about
👉 how to choose the right person to make financial decisions for you

Without this document, even close family members may not have legal authority to act, which can lead to delays and the need for court involvement.

2. Healthcare Directive (Advance Directive)

A Healthcare Directive allows someone to make medical decisions on another’s behalf and provides guidance about care preferences.

It can:

• Name a decision-maker
• Clarify wishes regarding treatment
• Help avoid confusion or disagreement during medical situations

If you want to better understand how healthcare powers of attorney work, you can read more about
👉 health care power of attorney options and whether they should be specific or general

This document helps ensure that decisions are made by the person chosen and in a way that reflects the individual’s preferences.

Understanding Powers of Attorney More Broadly

Because a power of attorney plays such a critical role in incapacity planning, it is helpful to understand how it works and what responsibilities it carries.

For a deeper overview, including what to consider when naming someone, you can read more about
👉 what to know when appointing a power of attorney

Why These Documents Often Come First in Practice

Incapacity planning documents:

• Apply during life, not after death
• Provide immediate authority when needed
• Address situations that many families encounter unexpectedly

While a will directs what happens after someone passes, these documents help manage what happens if someone cannot act for themselves.

The Real-World Impact Without Them

When incapacity documents are not in place:

• Financial accounts may be difficult or impossible to access
• Bills and obligations may go unmanaged
• Medical decisions may fall to unintended individuals
• Family members may need to seek court authority
• Stress, delays, and costs can increase significantly

Situations like hospitalization can make these issues even more urgent. You can see a real-world example of
👉 what happens if you are hospitalized without a power of attorney in Maine

These challenges often arise during already difficult and emotional circumstances.

A Simple Way to Understand It

A helpful way to think about estate planning is:

A will addresses what happens after death.
Incapacity documents address what happens during life if decision-making becomes difficult or impossible.

Both play important roles, but they serve very different purposes.

Bringing It All Together

A well-rounded estate plan often includes both:

• Documents that protect during life
• Documents that direct what happens after death

Understanding the role of incapacity planning helps create a clearer picture of how these pieces work together.

A Practical Takeaway

If someone only has time to do one thing:

👉 Put incapacity documents in place first

Then build the rest of the plan, such as a will or trust, around that foundation.

Take the First Step

At AIM / Aging In Maine, we work with individuals and families across Maine to build estate plans that reflect their goals and provide clarity during uncertain times.

If you have questions about how these documents fit into your overall plan, we are here to help you take the first step.