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Advance directives
Advance directives are legal documents by which a person appoints someone to make choices for him or her, typically in the event a serious injury or illness makes it impossible for that person to make important financial and health care decisions on their own. Advance directives include such documents as durable financial powers of attorney, durable medical powers of attorney and a living will. Advance directives offer a way for people to retain a measure of control over their lives and avoid legal disputes — particularly if they wish to withdraw treatments and procedures that would artificially prolong their lives in the event they’re terminally ill or in a comatose or vegetative state. By making their wishes clear in advance and sharing their decisions with family members and physicians, people avoid shifting a heavy emotional burden onto their loved ones.
Durable financial powers of attorney
A durable financial power of attorney designates an agent to make financial decisions for a person. The document can be written to take effect either on signing or in the event of incapacity. When possible, it’s advisable to designate not only a primary agent, but also a successor agent. Should something happen to the primary agent, a successor agent will be able to step in. It’s obviously important to carefully select an agent who’s trusted.
In some situations, it might be better to select an agent who’s not a member of the family. Alternatively, it’s possible to name a professional such as lawyer or accountant as an agent or an entity, such as the trust department of a bank.
Durable medical powers of attorney
A durable medical power of attorney designates an agent to make medical decisions for a person. In addition, though, the document can include instructions for preferred treatment under certain situations, such as those involving brain damage, comas, resuscitation, ventilators and artificial nutrition and hydration. While it isn’t possible to specify preferences for every possible circumstance, most common end-of-life situations and procedures can be covered.
Living will
A living will shares similarity with a durable medical power of attorney in that it stipulates the kinds of treatments a person prefers in the event they’re terminally ill or in a vegetative state. There are several important distinctions, however. Rather than designating an agent to make health care decisions, a living will offers instructions directly to the health care professionals involved. Moreover, a living will only takes effect in certain circumstances. In Colorado, a living will applies only to those situations in which a patient is in terminal condition and has lapsed into what two physicians agree to be an irreversible vegetative state.
Updating durable powers of attorney
While drafting durable financial and medical powers of attorney constitutes an important first step in preparing for what could happen should a person become incapacitated, additional steps are required. Durable powers of attorney should be reviewed and updated on a regular basis – not only to accommodate the changing desires of a person, but also to insure the documents will be followed should the need arise. Physicians, hospitals and particularly financial institutions are reluctant to follow the terms of durable powers of attorney that are too old. Generally speaking, durable powers of attorney should be updated at least every five years. Durable powers of attorney should be stored in a location where they’re safe, but also readily accessible to the agents. Do not store durable powers of attorney in a safe deposit box. |
