|
Post by gerald on Dec 12, 2018 12:32:56 GMT -5
I thought this would be of interest to some.
However we need to be careful and double check what is effective in your jurisdiction.
For example in BC I do not believe living wills will have anyeffect. and in BC Power of attorney
no longer applies to medical decisions. In BC you need a POA for general decisions, a Representative
Agreement for medical decisions, and it appears a "Medical orders for Scope of Treatment" to define what treatment limitations you want.
--------------------------------
What is a Living Will? By Editorial Team · December 4, 2018
The word “will” can seem loaded when mentioned in casual conversation, and it might seem morbid to talk about or even unnecessary for the average person to think about. However, there are some misconceptions about the different types of wills and why they are important. The most commonly referred to type of will is the “last will and testament,” where a person identifies those who should receive their possessions and properties after their death. But another type of will, the living will (also known as an advanced directive) is less commonly discussed but just as important! The living will is a document that allows people to express their desires around their medical treatment in the event that they are unable to make decisions themselves. Who needs a living will?
“Why wouldn’t I be able to make my own decisions? Don’t I only need a living will if I’m sick?” might be questions running through your head. But everyone over the age of 18, even those who are perfectly healthy, should have a living will or advanced directive in case of emergencies. Many people don’t actively think about or discuss what they would want if they were medically incapacitated, but if presented with a scenario, they might have a gut reaction. Talking through these scenarios with yourself or loved ones is important so that everyone is on the same page regarding your wishes. What does a living will include?
A sample living will or advanced directive from the American Academy of Family Physicians includes straightforward questions to help you determine your values and preferences when it comes to your health. It asks you to designate someone to make decisions on your behalf in the event that you cannot make the decisions yourself. It also asks your wishes around life-sustaining treatments (like CPR), artificial nutrition or hydration (like having a feeding tube), and comfort care (like pain management). Do I need a lawyer to have a living will?
Each state has its own requirements around living wills, but in general, a lawyer is not always required (but can always provide the paperwork). Forms are also usually available at local hospitals or some state medical associations. After filling out the form, it should be signed by you and also by witnesses. In some cases, it might need to be notarized, which is a simple process to authenticate a document that can be done at a bank or notary. Having the discussion
However, if you are unable to have the document notarized or even to acquire a living will form, the most important thing is to discuss your wishes with your loved ones to ensure they can make decisions that align with your values. Having those conversations with those close to you and also your doctor can make sure that even without any document, your wishes will be respected. Taking the time to think to yourself about what you would want is the first step!
|
|
|
Post by skate4life on Dec 12, 2018 16:46:11 GMT -5
I have been a huge advocate of this for many decades. It is just not the big things that might require intervention but even the smallest things can take a nasty turn - like an infection (college kids) that gets out of control, sepsis develops, etc., auto accidents, unknown brain vessel hemorrhage (genetic type). It seems the younger the person, the greater denial is that it will never happen to them and emotions run very high. Some states now automatically make you a donor on your drivers license - you have to opt out if you don't want it. There is a lot of information available. In the US, each state has its own booklet and forms and are not transferable between states but might be recognized anyway. I was very interested to read what Gerald wrote at the beginning about the vast difference between Canadian provinces/jurisdictions. Wow! The dull January days is a good time to review all your legal documents. Times go so fast especially as we mature
|
|
|
Post by gerald on Dec 12, 2018 19:26:21 GMT -5
Skate, I think this is becoming more and more critical. I have encountered a couple of friends
in the past year who have been have problems with social services testing them for competence.
One would think that the government has no business doing that, however, once you have lost control of your own decisions it does not matter who did it, getting that control back can be very difficult.
If people are not comfortable giving someone power of attorney, that is not a problem. I have a power of attorney prepared, I have signed it and it sits with a lawyer. If it is required the person it is for just has to show up with something showing I am no longer able to act and the document will be given to them.
|
|
|
Post by skate4life on Dec 13, 2018 10:28:31 GMT -5
Good to know Gerald. Will recheck my POA description this weekend as all documents will be signed next Tuesday. I do know that as part of my Revocable Trust we required that two physicians including one board certified, most closely associated with the disability (physically or mentally, whether or not there is an adjudication of incompetence) who examined me in order for me to not serve as Trustee. Certification can be rescinded when a serving Trustee receives information (same doctor conditions) that I can once again manage all aspects of my Trust. We did everything to avoid a court appointed conservator by naming two alternate Trustees after me.
Since much information is online - maybe a good New Year's gift might be to print out all the information and give it to the ones you love along with the name of your attorney, especially once versed in Elder Law. The Elder Law aspect is especially important here in the USA. I now have this Firm handling everything pre and post death, and advance directives so he can tell hospital what to do based on my written directives.
|
|
|
Post by skate4life on Dec 14, 2018 10:59:27 GMT -5
Just to confirm what Gerald said. I too had to name a person for POA and another person for the Advance Directives. While I am using the same person, some people might want a different name for each.
|
|