Two Must-Have Documents
The story of Terri Schaivo:
Michael, Terri's husband, and Robert and Mary Schindler, Terri's parents, were good friends and saw eye-to-eye on most issues. But, when the chips were down and Terri was in the hospital with a terminal disease, they did not agree on a very important issue: the last wishes of a loved one. When Terri became incompetent, Michael believed Terri wanted to pass on, while her parents thought Terri would want to live and try and survive despite being kept alive by machines. There was a long-lasting debate that went to the Supreme Court of the United States that, ultimately, ended in her death two weeks after her feeding tube was removed.
What should we all learn from this experience? Despite the relationship between loved ones, despite how well you think you know your family, you should have two critical documents: an Advanced Medical Directive (also called a Living Will) and a Durable Power of Attorney for Healthcare.
With these documents in hand, your family will know your last wishes. More importantly doctors and other critical persons will have a legal obligation to carry out your demands. An Advanced Medical Directive, very simply, lets those around you know if you want to be kept alive if machines are all the medical profession can do, or pull the plug.
A Durable Power of Attorney for Healthcare officially appoints a person or persons (known as agents) to implement that decision and make other medical decisions for you while you are in a coma or have a terminal illness. In my opinion, you should only appoint one agent because there could be added confusion if there are two decision makers. It is always recommended that you ask your agent before he or she is appointed to ensure that this person is willing to execute your wishes.
These forms are only effective after you sign it. And signatures of two witnesses and a notary should be attained to make it iron clad. If you need to make changes to your wishes or appointed agents, Suze Orman, a financial advisor and national educational speaker, states, "Please know you can always make changes to these documents. Just create and sign new versions, with the more recent date clearly displayed. Then send the new versions to everyone who has a copy of the old documents and include a letter asking each person to destroy the earlier documents since they no longer represent your wishes."
To have these documents prepared, there are many Board Certified estate planning attorneys in the area. If you would like names and contact information, let me know. However, these two documents can be created for free at Suze Orman's website. Mrs. Orman states, "Each state has its own Advance Directive. But the truth is, almost any state's form will hold up in another state. The form on my site is the one attorneys consider the gold standard for both Durable Power of Attorney for Health Care and Advance Directive."
For more information, let me know.
Michael, Terri's husband, and Robert and Mary Schindler, Terri's parents, were good friends and saw eye-to-eye on most issues. But, when the chips were down and Terri was in the hospital with a terminal disease, they did not agree on a very important issue: the last wishes of a loved one. When Terri became incompetent, Michael believed Terri wanted to pass on, while her parents thought Terri would want to live and try and survive despite being kept alive by machines. There was a long-lasting debate that went to the Supreme Court of the United States that, ultimately, ended in her death two weeks after her feeding tube was removed.
What should we all learn from this experience? Despite the relationship between loved ones, despite how well you think you know your family, you should have two critical documents: an Advanced Medical Directive (also called a Living Will) and a Durable Power of Attorney for Healthcare.
With these documents in hand, your family will know your last wishes. More importantly doctors and other critical persons will have a legal obligation to carry out your demands. An Advanced Medical Directive, very simply, lets those around you know if you want to be kept alive if machines are all the medical profession can do, or pull the plug.
A Durable Power of Attorney for Healthcare officially appoints a person or persons (known as agents) to implement that decision and make other medical decisions for you while you are in a coma or have a terminal illness. In my opinion, you should only appoint one agent because there could be added confusion if there are two decision makers. It is always recommended that you ask your agent before he or she is appointed to ensure that this person is willing to execute your wishes.
These forms are only effective after you sign it. And signatures of two witnesses and a notary should be attained to make it iron clad. If you need to make changes to your wishes or appointed agents, Suze Orman, a financial advisor and national educational speaker, states, "Please know you can always make changes to these documents. Just create and sign new versions, with the more recent date clearly displayed. Then send the new versions to everyone who has a copy of the old documents and include a letter asking each person to destroy the earlier documents since they no longer represent your wishes."
To have these documents prepared, there are many Board Certified estate planning attorneys in the area. If you would like names and contact information, let me know. However, these two documents can be created for free at Suze Orman's website. Mrs. Orman states, "Each state has its own Advance Directive. But the truth is, almost any state's form will hold up in another state. The form on my site is the one attorneys consider the gold standard for both Durable Power of Attorney for Health Care and Advance Directive."
For more information, let me know.