Preventive Medicine Saves Anguish Later

People don't want to think that an accident or illness would prevent them from saying what they want — or don't want — when it comes to their future medical care. We tell ourselves: I have plenty of time to take care of those things later … if I get sick … when I'm older.

But things do happen in our lives that are out of our control. Your family and friends need to know how you want them to handle situations if you're too ill to tell them. If they're left guessing, a conversation can quickly disintegrate into a confrontation. The fallout can result in guilt, uncertainty and arguments. Take these steps to ensure this doesn't happen if such a situation should arise:
 
Know what you need.  
You'll need to draw up three documents, often referred to as advance directives. 

Draw up a living will and review it every couple of years.

• A living will alerts medical professionals and your family to the treatments you want to receive or refuse, and under what conditions. This will only go into effect if you meet specific medical criteria and are unable to make decisions.
• A health care power of attorney delegates a spouse, trusted family member or friend to make health care decisions for you if you are unable to do so. This document is also referred to as a health care proxy, appointment of a health care agent or durable power of attorney for health care. Be aware that a regular durable power of attorney only covers financial matters.
• A letter of instruction outlines any special requests you'd like to be carried out, such as plans for a funeral and names of people to contact. It also should include important phone numbers, such as your employer and your insurance agent or broker. Some people also include a list of meaningful possessions they'd like to give to certain loved ones. This is not a substitute for a will, but it helps clarify your intentions and feelings.

Put it in writing.
A living will and power of attorney are legal documents, but you can draw them up yourself. A letter of instruction is not technically a legal document. Many people opt to hire an attorney. You may want one, so they can apprise you of any relevant changes in the law that might affect your document. Most eldercare lawyers charge fixed rates, so you should be able to find one within your budget.

Sit down with your family. 
Especially the one who you've designated as a health care agent, and explain what you've decided. Give them a copy of your documents and have your doctor put one in your permanent medical record.

Review your papers every few years. 

Keep them in a safe, easily accessible place such as a secure file cabinet. If your family situation changes — through the arrival of grandchildren, for example, or a divorce — you may want to make changes.

Are You Ready if the Unexpected Happens?

"I shall not waste my days in trying to prolong them."
- Ian L. Fleming (1908-1964)

A living will, or an advance health care directive, are written instructions to the public about what actions should be done concerning an individual’s health in the event that individual is no longer able to make a decision due to an illness or incapacity. These documents are usually required to be executed by hospitals and doctors prior to surgery or other invasive medical proceedings to ensure that the wishes of an individual are carried out in case something goes wrong. However, these documents are important beyond planned events, they are useful in case the unexpected happens and a decision has to be made after the unthinkable has occurred.

Many may remember the “Terri Schiavo” case where Teresa Marie Schiavo was diagnosed to be in a persistent vegetative state and her loved ones fought in the courts for seven years about whether further life-prolonging procedures should be given. A huge issue in the matter was the fact that Mrs. Schiavo had no written living will informing everyone of her beliefs and wants.

A living will is one important piece of a person’s individual estate planning package. Florida estate planning can be as simple as having a last will and testament, health care surrogate, durable power of attorney, and living will or be inclusive of other asset protection plans including trusts and business succession planning. It is recommended that regardless of what one possess, that one should prepare now to avoid burdening one’s family and friends with making decisions on their behalf when they could have told them in writing earlier.

Please consult with an estate planning attorney regarding your desires and wishes.