B. Future Instances of IncapacityCapacity fluctuates and the fluctuations may be frequent. A lawyer should
encourage a client to seek the necessary assistance as soon as they notice any
changes in their overall well-being. You can provide a client with basic
information about what to do if they find themselves in a mental health facility and
how to protect their rights. You can also encourage a client to select a friend or
family member they would want to make decisions for them should they become
unable to do so for themselves. If the client can put in place Powers of Attorney
for property and personal care, while they are capable to do so, there may be no
need to resort to either a statutory or court appointed guardianship in the future.
By selecting the person who will make decisions for them in advance, the client
can select a person they trust, inform the person of their wishes and values to
ensure that the person makes decisions consistent with the client’s needs and
wishes.