• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

Parman & Easterday

Oklahoma Estate Planning Attorneys

Call Now: (405) 843-6100 |
(918) 615-2700

Attend an Education Program-Oklahoma City Area Attend An Education Program in the Tulsa Area
  • Home
  • Our Firm
    • About Our Firm
    • Attorney and Staff Profiles
    • What Our Clients Say
  • Estate Planning
    • Asset Protection
    • Business Succession Planning
    • Estate and Gift Tax Figures
    • Estate Planning Services
    • Family-Owned Businesses & Farms
    • Financial Planning Assistance
    • IRA and Retirement Planning
    • Legacy Planning
    • LGBTQ Estate Planning
    • Pet Planning
    • Powers of Attorney
    • Probate
    • SECURE Act
    • Special Needs Planning
    • Trust Administration and Probate
    • Young Families
  • Elder Law
    • Coping With Alzheimer’s
    • Elder Law
    • Emergency Medicaid
    • Guardianship & Conservatorship
    • Hospice Care
    • Medicaid Planning
    • Veteran’s Benefits
  • Resources
    • Asset Protection Worksheet
    • DocuBank
    • Elder Law
      • Elder Law & Medicaid Definitions
      • Elder Law Reports
      • Elder Law Resources
        • Edmond Elder Law
        • Oklahoma City Elder Law
        • Overland Park Elder Law
        • Yukon Elder Law
      • Medicaid
      • Nursing Home Resources
    • Estate Planning
      • An Overview of Estate and Gift Taxes
      • Estate Planning Checkup
      • Estate Planning Definitions
      • Estate Planning Reports
        • Advanced Estate Planning
        • Basic Estate Planning
        • Estate Planning for Niches
        • Trust Administration
      • Incapacity Planning Definitions
      • Is Your Estate Plan Outdated?
      • Top 10 Estate and Legacy Planning Techniques
    • Free Estate Planning Worksheet
    • Frequently Asked Questions
      • Alzheimer’s FAQs
      • Asset Protection Planning
      • Estate Planning
      • Elder Law
      • Frequently Asked Questions for Families Without an Estate Plan
      • Inheritance Planning for Minors
      • Legacy Wealth Planning
      • LGBTQ Estate Planning
      • Medicaid Planning
      • Nursing Home Asset Protection
      • Probate
      • Trust Administration
      • Trust Administration & Probate
      • Wills and Trusts
    • Newsletters
    • Probate and Trust Administration
      • Bereavement Resources
      • How to Know if You Need Extra Help With Your Grieving
      • Loss of a Loved One
      • Probate Checklist
      • The Mourner’s Bill of Rights
      • Things You Need To Do When a Loved One Passes Away With a Trust
      • Things You Need To Do When a Loved One Passes Away With a Will
      • Trust Administration & Probate Definitions
    • Probate Resources
      • Midwest City Probate
      • Moore Probate
      • Oklahoma City Probate
      • Overland Park Probate
    • Published Books
    • Pre Consultation Form
  • Communities We Serve
    • Edmond
    • Midwest City
    • Moore
    • Norman
    • Oklahoma City
    • Yukon
  • Reviews
    • Our Reviews
    • Review Us
  • BLOG
  • Contact Us
Home » Incapacity Planning » How Is Incapacity Defined and Who Decides If I Am Incapacitated?

How Is Incapacity Defined and Who Decides If I Am Incapacitated?

September 3, 2019 by Larry Parman, Attorney at Law

Oklahoma City incapacity planning attorneys

When you contemplate your estate plan, and the goals and objectives related to that plan, you likely focus almost entirely on how to provide for your loved ones when you are gone and how your estate assets will be distributed to those loved ones. In fact, you may not have considered the need to plan for any other important possibility. You should, however, plan for the possibility of incapacity. With that in mind, the Oklahoma City incapacity planning attorneys at Parman & Easterday explain how incapacity is defined and who decides if you are incapacitated in Oklahoma.

Incapacity Is Not Just for Seniors

Incapacity should not always be equated with old age. It is true that the natural aging process can result in incapacity as can conditions such as Alzheimer’s disease;  however, incapacity can strike anyone at any age as a result of a workplace injury, a serious illness, or even a car crash. Consider, for example, the following facts and figures:

  • Just over 1 in 4 of today’s 20 year-olds will become disabled before they retire.
  • In December of 2012, there were over 2.5 million disabled workers in their 20s, 30s, and 40s receiving SSDI benefits.
  • A typical 35 year-old has a 24 percent chance of becoming disabled for 3 months or longer during his/her working career.
  • Moreover, that same worker has a 38 percent chance that the disability would last 5 years or longer, with the average disability for someone like him/her lasting 82 months.
  • Stroke is a leading cause of long-term disability and 34 percent of people hospitalized in 2009 for stroke were younger than 65 years of age.

How Does the Law Define Incapacity in Oklahoma?

The need for a legal definition of “incapacity” could come up under several different circumstances. Consequently, there may be more than one definition of incapacity and there may be more than one person with the authority to declare you incapacitated. For example, if someone has petitioned to become your legal guardian, Section §30-1-111 of the Oklahoma Guardianship and Conservatorship Act governs the definition of incapacity. According to that section, an incapacitated person is a person 18 years of age or older:

  • who is impaired by reason of:
    • mental illness as defined by Section 1-103 of Title 43A of the Oklahoma Statutes
    • mental retardation or developmental disability as defined by Section 1-818.2 of Title 63 of the Oklahoma Statutes
    • physical illness or disability
    • drug or alcohol dependency as defined by Section 3-403 of Title 43A of the Oklahoma Statutes, or
    • such other similar cause and
  • whose ability to receive and evaluate information effectively or to make and to communicate responsible decisions is impaired to such an extent that said person:
    • lacks the capacity to meet essential requirements for his physical health or safety or
    • is unable to manage his financial resources.

To become someone’s guardian or conservator the person seeking guardianship/conservatorship must petition a court and convince a judge that one is needed. Ultimately, therefore, it will be a judge in a guardianship/conservatorship proceeding that determines the issue of incapacity

Incapacity must also be declared to trigger the power given to an Agent in an advance directive. Your Agent’s authority goes into effect when a doctor (or two, if that’s what your documents require) determines that you are no longer able to make your own decisions, and that you are terminally ill, persistently unconscious, or have an end-stage condition. In that case, it is a physician who decides that you are incapacitated.  It is also possible to create a Disability Panel consisting of a physician and other family members to determine your incapacity.

As you can see, incapacity doesn’t have one universal definition nor is there one person who has the authority to declare someone to be incapacitated. Moreover, incapacity can strike anyone at any time. The key to ensuring that you are prepared for the possibility is to incorporate an incapacity planning component into your comprehensive estate plan now.

Contact Oklahoma City Incapacity Planning Attorneys

For additional information, please join us for an upcoming FREE seminar. If you have additional questions or concerns about incapacity planning, contact the experienced Oklahoma City incapacity planning attorneys at Parman & Easterday by calling 405-843-6100 to schedule your appointment today.

  • Author
  • Recent Posts
Larry Parman, Attorney at Law
Larry Parman, Attorney at Law
Founder and Owner at Parman & Easterday
After helping his own family deal with a lengthy probate and the IRS following his father’s untimely death in a farm accident, Larry Parman made a decision to help families create effective estate plans designed to reduce taxes, minimize legal interference with the transfer of assets to one’s heirs, and protect his clients’ assets from predators and creditors.
Larry Parman, Attorney at Law
Latest posts by Larry Parman, Attorney at Law (see all)
  • Estate Administration 101 - February 2, 2023
  • Why Do You Need an Elder Law Attorney? - January 31, 2023
  • Inheritance Planning for Blended Families - January 26, 2023

Filed Under: Incapacity Planning

Other Articles You May Find Useful

incapacity planning
Assert Your Choices to Prevent a Guardianship
incapacity planning
Will You Be Self-Sufficient When You Reach Your 80s?
HIPAA release
What Is HIPAA?
incapacity planning
Life As an Octogenarian Could Be Your Future
incapacity planning
Take Proactive Steps to Prevent a Guardianship
advance directives for health care
Prioritize Planning During Pandemic Surge

Primary Sidebar

Parman & Easterday, LLP

DOWNLOAD OUR FREE ESTATE PLANNING CHECKLIST

SUBSCRIBE TO OUR BLOG

Follow Us

  • Facebook
  • LinkedIn
  • Twitter
  • YouTube

Where We Are

OKLAHOMA CITY, OK
13913 Quail Pointe Drive, Suite B
Oklahoma City, OK 73134
Phone: (405) 843-6100
Fax: (405) 917-7018

MAP

parman_sidbr_map

Where We Are

TULSA, OK
Memorial Place 7633 E. 63rd Place
Tulsa, OK 74133
Phone: (918) 615-2700

MAP

parman_sidbr_map

Office Hours

Monday9:00 AM - 5:30 PM
Tuesday9:00 AM - 5:30 PM
Wednesday9:00 AM - 5:30 PM
Thursday9:00 AM - 5:30 PM
Friday9:00 AM - 12:00 PM

Footer

footer-logo

The information on this Oklahoma Law Firm website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. This information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.

Oklahoma City Estate Planning Attorneys at Parman & Easterday offer estate planning services in the Oklahoma City, Oklahoma and surrounding areas. Contact us for help today.

Privacy Policy | Contact Us | Disclaimer | Site Map | Powered by American Academy of Estate Planning Attorneys


© 2023 American Academy of Estate Planning Attorneys, Inc.
  • Facebook
  • LinkedIn
  • Twitter
  • YouTube