A Practical Guide to Healthcare Powers of Attorney in Fairfield Glade
If you live in Fairfield Glade and are planning for future medical decisions, a healthcare power of attorney is an essential legal document to consider. Jay Johnson Law Firm in Hendersonville serves Tennessee residents with clear, accessible estate planning and probate guidance focused on health care decision-making. This page explains what a healthcare power of attorney does, who should be named as an agent, and the steps involved in preparing a document that reflects your values and wishes. We aim to demystify the process so you can make informed choices for yourself and your loved ones, and so appointed decisionmakers have clear instructions in difficult moments.
Choosing a healthcare agent and documenting your preferences in a healthcare power of attorney helps avoid uncertainty and delay during medical crises. At Jay Johnson Law Firm we focus on practical planning that fits Tennessee law and the realities families face in Fairfield Glade and surrounding areas. This service is about preserving your voice when you cannot speak for yourself and making sure decisions align with your beliefs and priorities. We encourage early conversations with family and the person you plan to appoint so everyone understands your intentions before a document is finalized and signed according to state requirements.
Why a Healthcare Power of Attorney Matters for You and Your Family
A healthcare power of attorney gives a trusted person the authority to make medical decisions on your behalf if you cannot communicate. This arrangement reduces confusion at critical times and helps ensure that care follows your wishes regarding treatments, life-sustaining measures, and day-to-day medical choices. It also relieves family members from having to guess what you would want, which can lessen emotional stress and conflict. Beyond immediate decision-making, a properly drafted document supports continuity of care and can be paired with other advance directives to create a complete plan that respects Tennessee law and your individual priorities.
About Jay Johnson Law Firm and Our Approach to Health Care Planning
Jay Johnson Law Firm provides practical estate planning and probate services to residents across Tennessee, including Fairfield Glade. Our work emphasizes clear communication, realistic solutions, and documents tailored to each client’s needs. When helping with healthcare powers of attorney, we walk clients through the legal options available, explain how decisions are made when someone is incapacitated, and prepare documents that follow Tennessee formalities. Clients can expect thoughtful guidance on choosing an agent, specifying preferences, and coordinating this document with other estate planning tools so that family members and healthcare providers have a reliable plan to follow.
Understanding Healthcare Powers of Attorney in Tennessee
A healthcare power of attorney is a legal document that names an agent to make medical decisions for you if you are unable to make or communicate those decisions yourself. Under Tennessee law, this instrument can address a range of matters, from routine medical choices to major treatment decisions, and it may operate only under certain conditions you specify. It is important to understand how authority is granted, when it becomes effective, and whether alternatives such as advance directives or living wills should be used together with a healthcare power of attorney to express your treatment preferences and end-of-life wishes.
Preparing a healthcare power of attorney involves discussing options, identifying a trusted agent, and clearly stating any limits or instructions you want the agent to follow. The document should reflect how you want decisions to be made and whether the agent’s authority is immediate or contingent on incapacity. Working through typical scenarios during the drafting process helps reveal potential ambiguities and ensures the final form addresses concerns specific to your situation. Proper execution and distribution of the signed document to your agent, family, and medical providers helps make sure it will be relied upon when needed.
What a Healthcare Power of Attorney Is and How It Functions
A healthcare power of attorney designates a person, often called an agent or proxy, to make medical decisions for you if you are unable to decide or communicate. It can cover routine treatment choices, hospital care, surgical consent, and decisions about life-sustaining treatment depending on how you draft it. The document can be as broad or as specific as you choose, allowing you to grant full authority or restrict decisions to particular circumstances. Clear language and thoughtful selection of an agent help ensure that medical professionals, family members, and treating facilities can follow your directions without dispute.
Key Elements of an Effective Healthcare Power of Attorney
An effective healthcare power of attorney includes identification of the principal and agent, a description of the agent’s authority, any conditions for activation, and explicit instructions about specific types of medical care you want to accept or refuse. It should also specify how long the authority lasts and whether successor agents are appointed. The process of creating the document typically involves an initial consultation, careful drafting to reflect your wishes, proper signing and witnessing under Tennessee rules, and providing copies to the agent and medical providers so decisions can be implemented without delay.
Glossary of Common Terms for Healthcare Decision Documents
Understanding common terms used in healthcare decision documents helps you make informed choices when preparing a healthcare power of attorney. Terms such as agent, principal, incapacity, advance directive, and living will appear frequently and have specific meanings under Tennessee law. Becoming familiar with these words clarifies who will act on your behalf, when that authority begins, and how to express your medical preferences clearly. A glossary can remove confusion and guide conversations with your chosen agent and legal counsel so that the final documents match your intentions.
Agent (Healthcare Agent)
The agent is the individual you appoint to make healthcare decisions on your behalf if you cannot speak for yourself. This person should understand your values, be willing to consult with family and treating providers as appropriate, and be able to make timely decisions under pressure. Choosing an agent often involves discussing possible scenarios and ensuring the person knows where to find the document and any additional instructions. It is common to name successor agents in case the primary agent cannot serve, and to communicate your wishes in writing to reduce uncertainty during medical decisions.
Advance Directive
An advance directive is a broader term that can include documents like a living will or healthcare power of attorney, and it expresses your preferences for medical treatment in the future. While a healthcare power of attorney appoints a decisionmaker, other advance directives may provide direct instructions about which treatments you want or do not want. Using these documents together gives medical teams both a person to consult and clear guidance about your treatment preferences, which helps ensure your wishes are honored even when you cannot communicate them directly.
Living Will
A living will is a document that states your preferences regarding life-sustaining treatments and end-of-life care if you reach a condition in which you cannot express your wishes. It typically covers issues such as resuscitation, mechanical ventilation, and feeding tubes. In Tennessee, a living will can complement a healthcare power of attorney by providing written directives that guide your agent and medical providers. Clear, specific language helps reduce disagreements and ensures that both your agent and clinicians understand the types of interventions you would or would not want.
Incapacity
Incapacity refers to a situation in which a person lacks the ability to make or communicate informed decisions about their medical care. Determinations of incapacity are generally made by a treating physician or medical team based on clinical assessments. A healthcare power of attorney can be drafted to become effective upon a medical finding of incapacity or it can be effective immediately; the choice affects how quickly the agent can act. Clear instructions about activation and how incapacity is determined help prevent disputes and ensure appropriate transitions of decision-making authority.
Comparing Limited and Broader Healthcare Decision Documents
When planning for medical decisions, you can choose a narrow document that grants limited authority for specific situations or a broader form that covers many types of decisions over time. A limited approach might suit someone with a single upcoming procedure or a short-term need, while a broader document better addresses long-term care and unforeseen medical circumstances. The choice depends on your health status, family dynamics, and preferences for control. Discussing scenarios with legal counsel helps identify which option balances simplicity with protection and ensures the document aligns with Tennessee legal requirements.
When a Narrow Healthcare Authorization May Be Appropriate:
Short-term Medical Needs and Specific Procedures
A limited healthcare authorization is often sufficient when a person faces a foreseeable, short-term medical event such as an upcoming surgery or a scheduled hospitalization. In those circumstances, granting authority only for the duration of the procedure or recovery period can provide necessary decision-making power without creating open-ended authority. This approach can reassure principals who want to keep control over long-term decisions while still ensuring that necessary consents and choices can be made promptly if they are temporarily unable to speak for themselves.
Clear, Narrow Instructions Preferred by the Principal
Some individuals prefer narrowly tailored documents that allow an agent to make only certain types of decisions or to act only in defined circumstances. This limited approach can work well when the principal has specific, unambiguous wishes about a single situation and does not want a general delegation of healthcare authority. Narrow instructions can reduce potential disagreements but may require additional documents or updates if health circumstances change, so it is important to consider future possibilities when choosing this path.
When Broader Healthcare Authority Is Advisable:
Planning for Uncertain or Long-Term Medical Needs
A broader healthcare power of attorney is often recommended when an individual wants a durable plan that covers unexpected illness, cognitive decline, or extended care needs. Granting wide-ranging authority to a trusted agent ensures decisions can be made promptly across a variety of situations without repeatedly updating legal documents. This approach helps maintain continuity of care, enables the agent to coordinate among multiple providers, and reduces delays that arise when providers lack clear authorization to act on the principal’s behalf during complex medical episodes.
Multiple Decision Areas and Contingency Planning
Comprehensive planning becomes important when decisions touch on many aspects of care, such as treatment preferences, placement in long-term care, and coordination of palliative measures. It can also address contingencies by naming successor agents, outlining communication preferences, and setting boundaries for the agent’s authority. A broader document gives the appointed person the latitude to make timely, informed choices across a range of circumstances while still reflecting the principal’s values and limits described in writing.
Advantages of a Broad Healthcare Power of Attorney
A comprehensive healthcare power of attorney reduces uncertainty by clearly designating a trusted decisionmaker and providing guidance on medical preferences. This clarity helps healthcare providers act consistently and allows family members to avoid drawn-out disputes when time-sensitive decisions arise. For many people, knowing that a chosen agent can manage complex medical choices brings relief and preserves dignity during difficult times. The document can be tailored to address specific moral or religious concerns, ongoing care preferences, and how to balance life extension with quality-of-life considerations.
In addition to decision-making efficiency, a broad plan encourages proactive conversations with loved ones about values and expectations, which can strengthen family understanding and reduce conflict. It also supports coordination among multiple providers and facilities should your care move across settings. When paired with clear instructions and properly signed copies given to your medical team, a comprehensive approach helps ensure that your health care choices are respected while minimizing the administrative burdens on family members during stressful medical situations.
Benefit: Clear Decision-Making and Consistent Care
A comprehensive document creates a single, clear source of authority for medical decisions, reducing the risk of conflicting directions among relatives or caregivers. It allows your chosen agent to make decisions consistent with the values and instructions you provide, which helps ensure continuity of care across providers and settings. By documenting preferences in advance and appointing a decisionmaker, you increase the likelihood that medical care will reflect your priorities and that transitions between care teams are smoother when decisive action is needed.
Benefit: Reduced Family Conflict and Practical Preparedness
When a clear plan and a designated agent are in place, families often experience less disagreement and anxiety during medical crises. The presence of documented preferences and an authorized decisionmaker provides structure for conversations and decisions, helping relatives focus on supporting the patient rather than debating options. Moreover, having a plan encourages practical measures such as sharing contact information with providers and storing the document where it can be quickly accessed, which streamlines responses when prompt decisions are required.
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Practical Tips for Creating a Healthcare Power of Attorney
Choose a Trusted, Available Agent
Selecting an agent who is trustworthy, available, and willing to speak up for your wishes is one of the most important decisions in this process. Consider a person who knows your values, can handle stressful conversations with medical staff, and can travel or be present when needed. Discuss your preferences in detail with that person, explain where you plan to keep legal documents, and provide a copy to their contact information. Making sure the agent is informed and prepared reduces uncertainty when they are called upon to make decisions.
Document Specific Preferences and Limits
Keep Documents Accessible and Review Regularly
After signing the healthcare power of attorney, provide copies to your agent, primary care physician, and any relevant family members. Store the original in a secure but accessible location and note its whereabouts in an emergency information list. Review the document periodically or after major life events, such as a change in health status, family structure, or personal values. Regular review ensures the document continues to reflect your current wishes and that the people involved remain informed and prepared.
Reasons to Consider a Healthcare Power of Attorney in Fairfield Glade
You might consider a healthcare power of attorney to maintain control over medical choices, protect your voice during incapacity, and avoid delays in treatment decisions. It is especially important if you have strong preferences about life-sustaining treatments, expect complex care in the future, or simply want a trusted person to act on your behalf. Having a formal document also provides legal clarity for medical teams and helps prevent disputes among relatives during emotionally charged moments.
Other reasons include ensuring continuity of care when you travel, preparing for planned procedures, and addressing the possibility of progressive conditions that affect decision-making ability. A healthcare power of attorney can be crafted to activate immediately or upon incapacity, and it can be updated as circumstances change. Considering this document as part of a broader estate plan helps align medical decisions with financial and legal arrangements to provide comprehensive peace of mind.
Common Situations When a Healthcare Power of Attorney Is Needed
Common circumstances that make a healthcare power of attorney advisable include upcoming major surgery, a diagnosis that could affect cognition over time, chronic illness that may require escalating care, and unexpected emergencies where decisions must be made quickly. It is also beneficial for older adults living in Fairfield Glade who want to ensure their preferences are respected during transitions in care. Early planning allows time to discuss choices and document preferences before a crisis occurs.
Medical Emergencies and Unplanned Events
In an unexpected medical emergency, time-sensitive decisions about treatment and consent may be required when you cannot communicate. A healthcare power of attorney ensures a designated person can authorize necessary care, speak with providers, and make timely decisions aligned with your wishes. This reduces administrative delays and helps medical teams proceed with interventions that have been authorized by someone you trust, which can be especially important when rapid action affects outcomes or recovery.
Planned Procedures and Hospitalizations
For planned surgeries and hospital stays, appointing an agent in advance allows that person to manage consent forms, post-operative care decisions, and communication with clinicians on your behalf. If you become temporarily incapacitated due to anesthesia or complications, a healthcare power of attorney ensures someone you named can make informed choices quickly. Preparing documents ahead of time reduces stress for family members and helps ensure your care follows your stated preferences during and after the procedure.
Progressive Illness and Changes in Cognitive Function
Progressive conditions that affect memory or decision-making highlight the importance of planning while you are still able to make and communicate choices. A healthcare power of attorney allows you to name someone to manage care, advocate for treatments consistent with your values, and coordinate with long-term care providers as needs evolve. Early conversations and formal documentation can prevent disputes and make transitions smoother for both you and your loved ones during gradual changes in health.
Fairfield Glade Healthcare Power of Attorney Attorney at Jay Johnson Law Firm
Jay Johnson Law Firm assists Fairfield Glade and surrounding Tennessee communities with straightforward, practical healthcare planning, including drafting healthcare powers of attorney and related advance directives. Our approach centers on listening to your goals, explaining legal options in plain language, and preparing clear documents that reflect your preferences. We help clients through each step from selecting an agent to executing the document in compliance with state requirements, and we provide guidance on distributing copies so medical providers and family members can act accordingly when needed.
Why Work with Jay Johnson Law Firm for Healthcare Decision Planning
Jay Johnson Law Firm focuses on delivering approachable legal assistance for estate planning and health care decision documents across Tennessee. We place an emphasis on clear communication so clients in Fairfield Glade understand their options and the practical effects of each choice. Our process includes exploring scenarios with you, helping select an appropriate agent, and drafting documents that fit your values and preferences. The goal is to create documents that medical providers and family members can rely on when decisions must be made.
We take care to ensure documents comply with Tennessee formalities, including proper signing and witness requirements, so the authority granted can be used without unnecessary challenge. We also explain how to coordinate the healthcare power of attorney with other estate planning tools, such as living wills and durable financial powers of attorney, to create a cohesive plan. Clients receive practical advice on sharing the document, storing copies, and reviewing the plan over time to keep it current.
Our service model emphasizes thoughtful planning, timely follow-through, and respect for each client’s personal values and family circumstances. We aim to make the process accessible and to prepare clear, durable documents that reduce stress during medical events. If you have questions about agent selection, limits to authority, or how the document will be used by healthcare providers in Tennessee, we provide straightforward answers to help you move forward with confidence and clarity.
Contact Us to Start Your Healthcare Planning Conversation
How We Manage Healthcare Power of Attorney Matters from Start to Finish
Our process begins with a focused consultation to understand your medical preferences, family dynamics, and any specific concerns you want addressed. From there we draft a healthcare power of attorney that reflects those priorities, review the document together to confirm its language, and complete signing and witnessing steps required in Tennessee. We also discuss distribution of copies, storing the original, and coordinating with medical providers so your plan can be relied upon when necessary. Ongoing review and updates are recommended as circumstances change.
Step 1: Consultation and Gathering Information
During the initial meeting we review your current health status, treatment preferences, and the people you are considering as potential agents. We discuss scenarios that may arise and any limits you want to place on decisionmaking authority. This stage is an opportunity to clarify values that should guide medical decisionmaking and to identify successor agents if the primary person cannot serve. Thorough preparation here reduces the likelihood of ambiguity later when decisions must be made quickly.
Discussing Your Values and Medical Preferences
We encourage clients to think through specific scenarios, such as preferences about life-sustaining treatments, pain management, and the balance between prolonging life and quality of life. These conversations help us translate general values into specific instructions your agent and medical providers can follow. Exploring examples reduces vagueness and helps ensure the document can be applied as intended during real medical situations when clarity is most needed.
Choosing an Appropriate Agent and Successors
Selecting the right agent involves considering availability, willingness to serve, familiarity with your values, and an ability to communicate effectively with medical staff and family. We discuss naming successor agents in case the primary agent cannot act. This planning minimizes the chance of gaps in decisionmaking authority and ensures that someone you trust is empowered to act on your behalf in a timely manner.
Step 2: Drafting and Reviewing the Document
We draft a healthcare power of attorney tailored to your instructions and consistent with Tennessee law. The draft will include clear language about the scope of authority, activation conditions, and any express limits you request. We review the document with you to confirm it reflects your wishes accurately and to answer questions about potential interpretations. Revisions are made as needed until you are satisfied that the document conveys your intent precisely.
Reviewing the Draft for Clarity and Consistency
A careful review ensures the document aligns with your stated values and that its terms work together without conflicts. We look for ambiguous phrases that could create confusion and recommend precise language to reduce disputes. Discussing hypothetical scenarios during the review helps anticipate questions an agent or provider might have, which in turn improves the document’s practical effectiveness in real-world situations.
Completing Formalities: Signing and Witnessing
Tennessee requires specific formalities for healthcare documents to be valid, which may include signatures and witness requirements that must be followed. We guide you through the proper execution steps, arranging for witnesses and notaries if necessary, and advise on how to distribute signed copies. Ensuring formalities are satisfied avoids later challenges to the document’s validity when it needs to be used.
Step 3: Execution, Distribution, and Ongoing Review
After signing, we recommend distributing copies to your appointed agent, primary care physician, and any close family members who should be aware of your choices. We also advise on safe but accessible storage of the original document and on listing the agent’s contact information in emergency records. Periodic review and updates keep the document in line with changes in your health, family, or preferences, ensuring it remains effective over time.
Notarization, Witnesses, and Where to Keep the Document
Confirming whether notarization or specific witnessing is needed for the document is part of execution. We explain the best practices for storing the original, such as in a secure location that is known to your agent, and recommend distributing copies to providers who may rely on the document in emergencies. Clear instructions on access and storage help ensure the document is available when it is needed most.
Updating the Document as Circumstances Change
Life changes such as relocation, changes in health, or shifts in family relationships may prompt updates to your healthcare power of attorney. We advise clients to review their documents after significant events and to make amendments or create new documents when appropriate. Keeping contact information current and re-sharing the document with key people and medical providers helps ensure decisions will be made according to your most recent instructions.
Frequently Asked Questions About Healthcare Powers of Attorney
What is the difference between a healthcare power of attorney and a living will?
A healthcare power of attorney appoints a person to make medical decisions for you if you cannot make them yourself, while a living will sets out specific written instructions about treatments you would or would not want under certain circumstances. Using both documents together allows you to name an agent and provide written guidance that the agent and medical professionals can follow. The combination provides both a decisionmaker and direct instructions about end-of-life care and treatment preferences. Keeping both documents consistent reduces ambiguity and helps ensure that your agent and providers have a clear framework for decisions. When preparing these documents, it is helpful to review them together so the agent understands how to apply the living will’s instructions in real situations, and so potential conflicts are minimized through careful drafting and discussion.
When does a healthcare power of attorney take effect?
A healthcare power of attorney can be drafted to take effect immediately upon signing or to become effective only if you are determined to be incapacitated by a treating physician. The choice influences when your agent can act: immediate activation allows the agent to assist with decisions at once, whereas activation upon incapacity provides a safeguard that the principal retains decision-making while competent. Discussing the activation preference with legal counsel helps align the document with your comfort level and anticipated needs. Regardless of activation timing, it is important to document how incapacity is determined and to give clear instructions about your agent’s authority. Ensuring the document properly states activation conditions and providing copies to medical providers reduces confusion about when the agent may reasonably intervene on your behalf.
How do I choose the right person to be my healthcare agent?
Choose an agent who understands your values, can communicate with medical providers calmly, and is willing to follow your instructions even when they are difficult. Consider practical factors such as proximity, availability, and the ability to coordinate with other family members or providers. It is also wise to name a successor agent in case the primary designee cannot serve. Conversations about expectations and typical scenarios will help the agent understand how to act when the time comes. Before finalizing the appointment, tell the person you plan to name and confirm they are comfortable serving. Provide them with copies of your documents and discuss your general wishes so they are prepared to represent your interests when needed. Clear communication reduces stress and increases the likelihood that your choices will be followed.
Can I limit the authority of my healthcare agent?
Yes, you can limit the agent’s authority by describing specific areas where the agent may or may not act, or by adding conditions that must be met for particular decisions. For example, you might allow the agent to make routine treatment decisions but restrict authority over life-sustaining measures unless certain conditions are met. Expressing limits clearly in the document helps prevent misinterpretation and aligns the agent’s power with your intentions. When limiting authority, consider how those restrictions may play out in an emergency and whether they might impede timely care. Careful drafting can balance your desire for control with the need for practical decision-making. Discuss limitations with counsel so they are written in a way that will be effective and enforceable under Tennessee law.
Do healthcare providers in Tennessee have to follow a healthcare power of attorney?
Healthcare providers generally rely on properly executed documents that comply with Tennessee law when determining who may make decisions for an incapacitated patient. A valid healthcare power of attorney gives your designated agent authority to make decisions on your behalf, and providers will typically follow the agent’s decisions within the bounds of applicable medical standards and legal requirements. Ensuring the document is readily available to the treating providers increases the likelihood it will be honored when decisions are needed. If there is a dispute or uncertainty about the document’s validity, providers may seek guidance from legal counsel or require additional verification. To reduce the risk of delay, make sure execution formalities are satisfied, copies are distributed to your agent and primary care provider, and that your agent carries information about their authority when interacting with medical teams.
How often should I review or update my healthcare power of attorney?
Review your healthcare power of attorney periodically, especially after major life events such as changes in health, relocation, or family adjustments. Regular review ensures the document continues to reflect your values and that the person you appointed remains able and willing to serve. Even if circumstances have not changed, a periodic look every few years can confirm contact information is current and that the document still aligns with your wishes. Updating the document may be necessary if you decide to appoint a new agent, revise limits on authority, or clarify your medical preferences. When updates are made, provide new copies to your agent, medical providers, and anyone who may need to rely on the document to avoid confusion among older versions.
What happens if my appointed agent disagrees with family members?
If an appointed agent’s decisions are disputed by family members, having clear, written instructions and documentation of the agent’s authority helps resolve disagreements. The agent is empowered to make decisions consistent with the document and the principal’s expressed wishes. Family concerns are best addressed through open communication, reviewing the document’s terms, and involving treating providers who can advise on medically appropriate options within the scope of the agent’s authority. If disputes cannot be resolved informally, parties may need to seek legal guidance to clarify authority or challenge actions that appear inconsistent with the principal’s interests. Careful planning, naming a trusted agent, and documenting preferences from the outset reduces the likelihood of prolonged conflict at critical moments.
Can I appoint more than one agent to act together?
You can appoint multiple agents to act in succession or to act jointly, but each approach has different practical implications. Naming agents to act successively is common and provides clear backup if the primary agent cannot serve. Naming agents to act jointly requires them to agree on decisions, which can complicate timely action if they disagree. Consider how readily the named people can cooperate when deciding whether to use successive or joint appointments. Discuss the options with counsel and with the people you plan to name, and choose the arrangement that best supports prompt, consistent decision-making. Successor appointments often offer the most practical balance between having backups and maintaining clear authority in urgent situations.
What should I do with the signed document after execution?
After execution, provide copies of the signed healthcare power of attorney to your appointed agent, primary care physician, and any other medical providers who may need it. Keep the original in a secure but accessible place and ensure the agent knows how to obtain it in an emergency. Consider carrying a card in your wallet that indicates you have a healthcare power of attorney and lists the agent’s contact information for quick reference. Make sure family members who need to know are aware of the document and its location, and consider uploading a copy to a secure digital location accessible to trusted people. Proper distribution and identification of the document before a crisis helps avoid delays when decisions must be made quickly.
How does a healthcare power of attorney interact with other estate planning documents?
A healthcare power of attorney works alongside other estate planning documents, such as a living will, durable financial power of attorney, and last will and testament. Each document plays a different role: the healthcare power of attorney names a decisionmaker for medical matters, a living will expresses specific medical preferences, and financial powers of attorney handle monetary and property decisions. Coordinating these documents ensures a consistent plan across medical and financial areas and reduces the chance of conflicting directions. When creating or updating these documents, review them together so they reflect a unified set of priorities and identify agents or representatives for different domains. Doing so creates a coherent plan that guides both medical care and financial affairs if you become unable to act.