Under Michigan law, an incapacitated individual is one "who is impaired by reason of mental illness, mental deficiency, physical illness or disability, chronic use of drugs, chronic intoxication, or other cause, not including minority, to the extent of lacking sufficient understanding or capacity to make or communicate informed decisions."

While the odds vary with our circumstances, everyone has a chance of becoming incapacitated someday.  Indeed, Mrs. Terri Schiavo was only 26 years old when she became incapacitated.

Whether its a life changing event or an expected need, incapacity planning allows you to make the decisions regarding your health care and well being when you are no longer able to do so. Those who do not plan for incapacity will likely subject themselves and their loved ones to the probate court.