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Katherine C. Pearson, Editor, and a Member of the Law Professor Blogs Network on LexBlog.com

Penn State Dickinson Student Post: “Don’t Wait — Plan for Incapacity!” by Ansel C. Childers

Several of the students enrolled in Elder Law-related courses at Penn State Dickinson Law come to these studies with personal experiences that inform their research and writing. This call-to-action is written by Ansel C. Childers, a third year law student.
November 29, 2025

My Aunt Hannah remained active into her forties, but slight muscle fatigue eventually turned into worrisome pain. Within months, she needed a cane, then a walker, and soon could not stand. Her illness, ALS, progressed quickly and after just a few years, it took her life.

Watching her body fail while her mind stayed sharp showed me how quickly independence can vanish. For others, mental clarity dwindles while their strength remains. And someday you too might be unable to make decisions or express them clearly.

My message: Don’t wait, plan for incapacity!

For most people, health decline occurs gradually. But seniors are especially at risk. A sudden fall and injury can immediately turn simple daily tasks (like eating, dressing, or bathing) into immense challenges. They might become physically unable to care for themselves. Or a dementia-related diagnosis might remove the ability to understand, appreciate, or reason through healthcare choices.

When that day comes, someone must make decisions — but who?

Most people tend to think that estate planning begins and ends with the Last Will and Testament. But with a “will,” your power to direct your assets only begins after death.

How will your personal and medical decisions be handled if you can no longer make them yourself? Two documents matter in planning: your Power of Attorney and Advance Directive (i.e., “Living Will”). Together, they appoint someone to decide for you, and importantly, the advance directive provides written instructions on your preferences should you lack the capacity to make or communicate healthcare decisions.

Imagine this: you’re in a hospital bed where a stroke has left you unconscious for several days. MRI scans show significant damage to brain tissue. With no realistic chance of revival, doctors now discuss whether to continue end-stage life support or to focus on your comfort.

Without an advance directive, your family may feel pressured to prolong your life despite more intrusive treatments and financial costs. But a clear “Living Will” provides direction, improves care quality, and even reduces end-of-life costs.

A 2022 USC study found patients with advance directives spent up to $100,000 less on end-of-life hospital care due to earlier, comfort-focused decisions. A 2013 study found that incapacity planning led to fewer hospital deaths, greater hospice use, and less rushed care.

When you plan for incapacity, you take a vital step in protecting your dignity, comfort, and your family’s peace of mind should life take an unexpected turn.

Aunt Hannah’s ALS showed me how quickly independence can vanish. It forced her to rely entirely on others for care. One day, you too may lose the ability to make decisions or care for yourself.

Take time now to plan for incapacity. And as you plan for incapacity, consider these questions:

  1. Who do you trust most to make decisions on your behalf?
  2. Have you discussed your healthcare wishes (especially life-sustaining treatment) with that person?
  3. What kind of medical care would you want (or not want) if you could no longer
    communicate?
Ansel Childers Photo