Living Wills Ease Family's Burden

ESTATE

Ginger Applegarth

Decision Center

..........................................

WEB LINK

Ask the Experts

state planning isn't just for dying anymore.

It used to be that estate planning was associated only with setting up your financial house once you died. That was before two things happened: The elderly stopped moving in with their children and giving up the financial decision-making and advances in medical technology are letting people live longer.

Now it's often the period of time before death that costs families their financial futures - more so than all the post-death probate and administrative costs.

After you die, it's your heirs who experience the ramifications of your estate planning (or lack thereof). But when you're medically incapable of making sound decisions, a well thought-out estate plan lets you control your destiny. Some people think of these plans solely in the term of living wills but that's only part of the picture.

Medical advances are a two-edged sword. They let you live longer, but usually require extensive and expensive medical intervention. Our preferred image of dying - at home in bed, surrounded by loved ones, with no beeping monitors or tubes - rarely comes true any more. The reality is you'll probably die in a hospital, nursing home or some other health care facility. In terms of dollars and cents, it's more expensive and mentally draining for your loved ones.

There is something that you can do to avoid this nightmare using three separate documents:

1. The living will

The first is the living will, which is also known as a health care proxy or declaration of intentions. In some states, when you check into a hospital, you're automatically required to sign a living will. Some versions are much more explicit than others about medical procedures, but they all do the same thing - they give you control over what medical care you receive if you're dying or in a permanently unconscious state.

The simplest versions state that you don't want extraordinary measures used to keep you alive when it's clear that you're likely to die within a few days or that you'll be permanently unconscious. The more comprehensive versions allow you to give very specific instructions about the administration of antibiotics, levels of potentially lethal painkillers to be given and other such morbid details. It may even instruct your loved ones to pull the plug based on percentages. For instance, if your doctor says your chances of recovery are only 10 percent or 20 percent, the will may instruct your family and physician to cut off life support.

Consider it a letter to your loved ones, speaking for you when you cannot, telling them of your wishes. This way, you can relieve them of perhaps a lifetime of guilt over whether or not they did the right thing. You can also include your preference about organ donation. The living will is also a clear statement of your desires to the health care facility which (to be coldly legalistic) relieves it of some of the liability for making decisions about your care, because you've done it for them.

2. The health care power of attorney

The second piece of the health care directive is the health care power of attorney, or health care proxy. The power of attorney allows someone you've chosen to act in your behalf either on all matters or on certain specific issues. The health care power of attorney only deals with your medical care, not financial or legal matters. You pick someone as "your agent" to make critical medical decisions for you. If you're fortunate enough to recover your mental faculties after becoming incapacitated, the durable power of attorney is no longer in effect.

3. The durable power of attorney

The third document is what's known as the durable power of attorney. It protects you and your estate against unscrupulous caregivers or relatives if you become mentally incapacitated, but are not on your deathbed. It may help your loved ones avoid messy legal fights over who's responsible for your affairs.

With a durable power of attorney, your "agent" can make a variety of decisions for you after you've been declared mentally incompetent. Among the key provisions are the ability to sign checks, prepare and sign tax returns and even whether to sell your home. You can make the provisions as broad or as specific as you like, although it's generally recommended that you make them as broad as possible. After all, no one can foresee what problems may arise and granting broad powers can avoid a legal problem if some decision is required that isn't specifically covered in the document.

Probably the most difficult images to bring to mind are those of being legally incapacitated, in a hospital, unconscious, in pain, and perhaps dying. It is only natural to avoid thinking about them. But allow your mind to wander over the possible scenarios: children agonizing over whether to turn off your life support; a family going to court to block the hospital's decision to carry out a medical procedure that will increase your pain with no hope of recovery.

Make the effort and get it done. For your own peace of mind and your family's, it's worth it.

How do I provide for the care of my family?

Articles

Planning Your Children's Future if You Die
Remarriage Means Revision for Estate Plans
A Heart-to-Heart About Your Parent's Estate
Survivorship Plans May Boost Your Estate
Anybody Who Owns Anything Needs a Will
How to Choose an Executor
A Checklist for Estate Planning
So You're Not a Millionaire? You Still Need an Estate Plan

Next Steps

Go to Money's Lifetime Planner

			ESTATE

			Living Wills Ease Family's Burden Ginger Applegarth Decision Center

	.......................................... WEB LINK Ask the Experts		state planning isn't just for dying anymore. It used to be that estate planning was associated only with setting up your financial house once you died. That was before two things happened: The elderly stopped moving in with their children and giving up the financial decision-making and advances in medical technology are letting people live longer. Now it's often the period of time before death that costs families their financial futures - more so than all the post-death probate and administrative costs. Plan now, while you're healthy After you die, it's your heirs who experience the ramifications of your estate planning (or lack thereof). But when you're medically incapable of making sound decisions, a well thought-out estate plan lets you control your destiny. Some people think of these plans solely in the term of living wills but that's only part of the picture. Medical advances are a two-edged sword. They let you live longer, but usually require extensive and expensive medical intervention. Our preferred image of dying - at home in bed, surrounded by loved ones, with no beeping monitors or tubes - rarely comes true any more. The reality is you'll probably die in a hospital, nursing home or some other health care facility. In terms of dollars and cents, it's more expensive and mentally draining for your loved ones. There is something that you can do to avoid this nightmare using three separate documents: 1. The living will The first is the living will, which is also known as a health care proxy or declaration of intentions. In some states, when you check into a hospital, you're automatically required to sign a living will. Some versions are much more explicit than others about medical procedures, but they all do the same thing - they give you control over what medical care you receive if you're dying or in a permanently unconscious state. The simplest versions state that you don't want extraordinary measures used to keep you alive when it's clear that you're likely to die within a few days or that you'll be permanently unconscious. The more comprehensive versions allow you to give very specific instructions about the administration of antibiotics, levels of potentially lethal painkillers to be given and other such morbid details. It may even instruct your loved ones to pull the plug based on percentages. For instance, if your doctor says your chances of recovery are only 10 percent or 20 percent, the will may instruct your family and physician to cut off life support. Consider it a letter to your loved ones, speaking for you when you cannot, telling them of your wishes. This way, you can relieve them of perhaps a lifetime of guilt over whether or not they did the right thing. You can also include your preference about organ donation. The living will is also a clear statement of your desires to the health care facility which (to be coldly legalistic) relieves it of some of the liability for making decisions about your care, because you've done it for them. 2. The health care power of attorney The second piece of the health care directive is the health care power of attorney, or health care proxy. The power of attorney allows someone you've chosen to act in your behalf either on all matters or on certain specific issues. The health care power of attorney only deals with your medical care, not financial or legal matters. You pick someone as "your agent" to make critical medical decisions for you. If you're fortunate enough to recover your mental faculties after becoming incapacitated, the durable power of attorney is no longer in effect. 3. The durable power of attorney The third document is what's known as the durable power of attorney. It protects you and your estate against unscrupulous caregivers or relatives if you become mentally incapacitated, but are not on your deathbed. It may help your loved ones avoid messy legal fights over who's responsible for your affairs. With a durable power of attorney, your "agent" can make a variety of decisions for you after you've been declared mentally incompetent. Among the key provisions are the ability to sign checks, prepare and sign tax returns and even whether to sell your home. You can make the provisions as broad or as specific as you like, although it's generally recommended that you make them as broad as possible. After all, no one can foresee what problems may arise and granting broad powers can avoid a legal problem if some decision is required that isn't specifically covered in the document. Probably the most difficult images to bring to mind are those of being legally incapacitated, in a hospital, unconscious, in pain, and perhaps dying. It is only natural to avoid thinking about them. But allow your mind to wander over the possible scenarios: children agonizing over whether to turn off your life support; a family going to court to block the hospital's decision to carry out a medical procedure that will increase your pain with no hope of recovery. Make the effort and get it done. For your own peace of mind and your family's, it's worth it.
			How do I provide for the care of my family?
			Articles \|

			Planning Your Children's Future if You Die Remarriage Means Revision for Estate Plans A Heart-to-Heart About Your Parent's Estate Survivorship Plans May Boost Your Estate Anybody Who Owns Anything Needs a Will How to Choose an Executor A Checklist for Estate Planning So You're Not a Millionaire? You Still Need an Estate Plan

			Next Steps \|

			Go to Money's Lifetime Planner Illustration by Terry Allen Copyright 1998 Microsoft Corporation