Preparing Your End-of-Life Directives
The beginning of another year is here and while preparing for it, you may want to think about your end-of-life directives. It’s never too soon to plan ahead to ensure that your wishes are followed if you are unable to communicate them. Gathering your affairs and sorting out your wishes with respect to healthcare, disposition of your property and other legal matters can take some time but the peace of mind that you’ll get will be well worth it. You will also have the opportunity to choose the person(s) who you want and trust to act on your behalf and in your best interests. When you’ve decided who that is and determined what you want and need, you should document it so that you’ll have a record of your decisions that can be shared with those who will make them in your absence.
Because requirements for valid and effective end-of-life documents vary from state to state, you will likely need to consult a knowledgeable attorney in your state to assist you in your planning. The major legal documents to consider are:
Wills – A will is a document that sets out your wishes regarding the disposition of your property after your death. In this document, you can also specify, among other things, who will be guardians of you minor children.
Living Wills – A living will is a document that describes one’s wishes about future health care decisions once they’re deemed unable to make them. This generally happens when someone is near death or unconscious. This document typically describes when attempts to prolong life may be made, including various treatments such as dialysis, tube feeding, and life support.
Durable Medical Powers of Attorney – A medical power of attorney typically grants another person the power to make decisions on your behalf with respect to medical care and often works in conjunction with your Living Will. It comes into play when a person is deemed unable or unfit to make their own decisions, in which case a designated person will make decisions on the other’s behalf. It’s crucial to discuss your wishes with regard to medical care with the person designated in your Medical Power of Attorney beforehand so that they can carry out those wishes when and if they are called upon to do so. If you haven’t discussed your wishes with them, they will make decisions based on what they believe you would want.
Financial Powers of Attorney – A financial power of attorney typically grants another party the power to make decisions and take action on your behalf with respect to financial decisions personal and professional affairs and other legal matters, as specified. This document also comes into play when a person is deemed unfit to make their own decisions, in which case the designated person will make decisions and take actions on the other’s behalf. Again, it is crucial to discuss your wishes and plans with the person designated in your Financial Power of Attorney so that they can carry out your wishes and properly take care of your affairs if and when they are called upon to do so. If your wishes were not previously discussed, the person will make decisions based on what they believe you would want.
No matter what your specific wishes are, the start of the new year is a time to prepare and reflect, so this may be a good opportunity to ensure those wishes are heard and carried out when the time comes. An attorney can walk you through the process and prepare the documents that comply with the laws in your state to make sure that they are effective and address your specific needs so that you can be assured that your wishes are followed and that your medical and financial affairs are properly handled when you are unable to handle them yourself.
The information presented here is for general educational purposes only. It does not constitute legal advice and does not create an attorney-client relationship.