What If You Become Incapacitated?

End-of-life issues have been a hot topic lately. Because of recent news events, many people have decided to make clear to their spouses and family members what type of medical treatment they would want if they were to become unable to communicate for themselves.

But what if spouses and family members forget? Or disagree? Or die first? Is it enough just to tell your loved ones what your wishes are? What if what you would want is not what your doctor would prescribe?

One way to be certain that those around you know your wishes — and prevent them from making decision based on their own interests and desires — is by putting certain documents in place to speak for you in the event you become incapacitated.

Living Will

A living will is the document that communicates what kind of medical care you wish to receive — or not receive. It is a separate document from a basic will that provides instructions on the distribution of your property when you die.

A living will is sometimes called a health-care declaration, but the exact name of this type of document may vary depending on the state where you live. You can use a living will to specify the types of procedures you want to be used (or not use) to sustain your life. For instance, you may indicate whether you would want to be put on a respirator, how much or what types of surgery you would be willing to undergo, and whether you would undergo blood transfusions, cardiopulmonary resuscitation, or other medical procedures commonly used for people in serious or grave condition.

You may also communicate guidelines regarding the use of pain medication, food, and water to prolong your life.

The right to leave behind instructions for your care is protected by the U.S. Constitution. With some exceptions, medical personnel are required to carry out your wishes or transfer your care to someone who will.

Medical Power of Attorney

Also referred to as a durable power of attorney for health care, this document empowers a person of your choosing to make decisions on your behalf regarding medical care during your incapacity. (It is so named because “nondurable” powers generally become void if the person granting them becomes mentally incapacitated.) The appointed person may be called your agent, your attorney-in-fact, or your health-care surrogate, depending on where you live.

Your agent’s legal obligation is to communicate your wishes to medical personnel and to make sure they are carried out, including enforcing the provisions of your living will. Although your wishes may be communicated to your agent verbally, the agent is legally bound to carry out your wishes only to the extent that he or she is aware of them, so it’s a good idea to provide written instructions.

Financial Power of Attorney

Also referred to as a durable power of attorney for finances, this document empowers a person of your choosing to handle your financial affairs during your incapacity. For example, if you were unconscious for an extended period, your agent could pay your bills so that you do not awaken to a financial emergency. Your agent can also collect your mail, deposit incoming checks, file your tax return, and keep an eye on your investments and assets.

In general, you should be careful the person who will serve as your agent for health care and financial affairs. To avoid conflicts, it may be advisable to name one person to both posts.

The person you designate does not have to be related to you or possess any special licenses. But he or she should be someone you trust unconditionally; someone who is competent to carry out your instructions. It’s generally a good idea to choose someone who would be assertive enough to stand up to family members or medical personnel who might dispute your instructions.

Much attention is devoted to wills and trusts as the most important estate planning documents, but they may not be enough to guide your family members in a difficult situation. Putting the appropriate documents in place to communicate instructions if you become unable to conduct your own affairs is usually a relatively inexpensive process — but the value to you and your loved ones could someday be immeasurable.

Send email to webmaster@annuityadvantage.com with questions or comments about this web site.
Copyright © 2001-2009 AnnuityAdvantage.com