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When the time comes, do you know who will be there to make important decisions for you?

We recently visited Advance Health Care Directives, living wills, power of attorney (POA) and POLST. These are all legal documents put in place to ensure decisions regarding your health align with your preferences when you are no longer capable of communicating your desires. When not prepared for this last phase in life, you could end up with a court appointed conservator who may or may not have your best interests at heart.

As you now know, Durable Power of Attorney for Health Care is someone who will make decisions regarding your healthcare when you are no longer able to. But did you know powers of attorney have different levels of authority and can serve other areas of your life?

Financial Power of Attorney allows your agent to make decisions regarding your finances and property.
General Power of Attorney has a broader scope, giving your agent the ability to make any and all personal decisions and healthcare choices.
Limited Power of Attorney has limited authority on the types on decisions you would like them to make.
Durable Power of Attorney is given the ability to make decisions for you both now and if you become incapacitated.
Springing Power of Attorney only has authority when you become incapacitated.

If no POA is named, your family members may decide to file a petition with the court if they feel you are unable to meet certain requirements for your health and safety, or if you lack the capacity to manage your financial affairs. A conservatorship is comparable to an individual given legal guardianship over a minor.
There are two types of conservators:

Conservatorship of the Person – conservator makes personal decisions for the conservatoree
Conservatorship of the Estate – conservator makes financial decisions for the conservatoree

Often times, the court appoints the same person to act in both capacities. This may or may not be the person you would have chosen, were you able to make that decision.

Does one have any advantages over the other?
Power of Attorney is a relatively low-cost and private way of naming a trusted individual to carry out your wishes. In regards to a conservatorship, the court proceeding is not only costly, but the person named as your conservator might not be the same individual you would have chosen.

You can save your loved ones from headaches and guessing games by having open conversations with them about what you want and deciding on your Advance Health Care Directives.

Coming up, we’ll discuss how to go about choosing a healthcare proxy.

Sources

http://www.elderattorneyoffice.com/cda.aspx?content_type_id=8169
http://www.mayoclinic.org/healthy-living/consumer-health/in-depth/living-wills/art-20046303

Your Life, Your Choice

Always be prepared. It’s something we’re taught from the time we’re old enough to enter the Scouts and continues throughout life. Be earthquake ready; have car insurance; build a hefty emergency fund; bring a sweater. All these ideas are so commonly repeated, but what about being prepared for the last major event in life? Few people like to talk about it, but it’s important that we do. Having the “end-of-life” discussion with your loved ones is a necessity.

Although it may be uncomfortable or even a bit scary, it is better to address end-of-life issues while you are alive and well. When you have everything in place, there will be no confusion on what you would have wanted and your family may grieve in peace, rather than handling messy paperwork. Over the next few weeks, we will discuss and simplify the options you have in expressing your wishes for when the time comes.

Two birds, one stone.
The Advance Health Care Directive is now the legally recognized format for living wills and has also replaced the Durable Power of Attorney for Health Care (DPAHC). You can now include either or both of these in one document.

Whereas the traditional living will states your desire not to receive life-sustaining treatment only if you are terminally ill or permanently unconscious and DPAHC appoints an individual to make health care decisions on your behalf; an Advance Health Care Directive allows you to do a number of things:

You may appoint another person to be your health care “agent” to make health care decisions for you once you are unable to do so yourself.
Identify your primary physician.
Specify your preferences about accepting or refusing life-sustaining treatment such as CPR, feeding tubes or breathing machines.
Leave instructions on receiving or declining pain medications
Make decisions on organ and tissue donations.
Otherwise formally express your health care wishes, values and beliefs.

*If you have a valid DPAHC, you may want to review it to make sure it still accurately reflects your wishes. If your DPAHC has expired, you will need to replace it with an Advance Health Care Directive.

Unstoppable: Advance Directive + POLST
POLST (Physician Orders for Life-Sustaining Treatment) has been legally recognized in California since 2009. POLST is meant to complement an Advance Health Care Directive, particularly for those who are seriously ill or have been diagnosed as terminal. With POLST in place, your end-of-life health care wishes have been translated into actionable physician orders, meaning your wishes are implemented and followed without delay.

Who can complete an Advance Health Care Directive?
Any California resident who is at least 18 years old (or is an emancipated minor), of sound mind, and acting of his or her own free will can complete a valid Advance Health Care Directive. You do not need a lawyer to assist you. The only exception applies to individuals who have been involuntarily committed to a mental health facility who wish to appoint their conservator as their agent.

Start the process today by looking over the forms for Advance Health Care Directive and POLST with your loved ones:
http://ag.ca.gov/consumers/pdf/ProbateCodeAdvancedHealthCareDirectiveForm-fillable.pdf
http://capolst.org/wp-content/uploads/2014/01/CAPOLSTform2011.pdf

Look out for our upcoming discussion on Power of Attorney and Conservatorship.

Sources

http://www.mayoclinic.org/healthy-living/consumer-health/in-depth/living-wills/art-20046303

http://www.cmanet.org/about/patient-resources/end-of-life-issues/advance-directives

Seniors: Have You Secured Your Future?

Your Life, Your Choice

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