While many people take great pains to draft their will and provide for distribution of their finanancial assets and property, they may neglect to spell out their choices for end of life care in a living will or identify people to make decisions on their behalf if they are not able to make decisions for themselves with a durable power of attorney. A durable power of attorney appoints a trusted person to manage one’s affairs and make decisions when the principle is not able to do so; a living will works with that durable power of attorney to help the agent (or attorney in fact) understand what health care decisions the principle would have made for themselves were they able to do so. These two documents provide critical guidance for loved ones to assist in managing your affairs without court intervention.
By having an agent identified to make such decisions and a guidebook regarding your health care wishes, you have the peace of mind that your end of life care will be managed as you wish it to be whether you are able to voice those wishes yourself at the time or not.
These dicussions can be difficult. Confronting your own mortality or the thought of becoming so impaired that you are unable to voice your own wishes about medical care is tough. We are here to help you with this difficult and sometimes uncomfortable planning with respect and dignity.
WHEN IS A LIVING WILL USED AND WHAT DOES IT SPECIFY?
In the state of Washington, a living will is only used in two situations:
If life-sustaining treatment can only prolong the process of death
The person is in an irreversible coma with no hope of recovery
In these situations, it may address use of mechanical or artificial ventilation, use of life-saving drugs and other medications, and other medical decisions made when a person’s condition is no longer expected to improve.
WHO NEEDS A LIVING WILL?
Any person above the age of 18 should have a living will. During the confusion and trauma that accompany a terminal condition, the choices you outlined in your living will comprise the only control you have over what happens to you if you’re no longer able to articulate your wishes. Any person above the age of 18 with a sound mind can make a living will.
Make scanned copies of the will and give them to your doctor and authorized family members including the person who has durable power of attorney, discussed below. Some even give a copy to their personal attorney. Store the original copy in a safe yet accessible place.
WHAT IS A DURABLE POWER OF ATTORNEY?
Besides a living will, you can also choose to have a durable power of attorney for healthcare. This is a legal document that allows you to name a person as your agent authorized to make medical care and/or financial decisions in the event that you cannot make such decisions yourself.
This person will be authorized to stop medical treatment, consent to medical treatment, or refuse medical treatment in a case where the doctor determines you are no longer capable of making such decisions yourself. The durable power of attorney will allow one person, like your spouse, who is intimately familiar with you and your choices in these matters, to make quick decisions when there are sudden changes in your condition that have not been factored into your living will.
A durable financial power of attorney or general power of attorney will authorize your agent or “attorney-in-fact” to handle a variety of financial transactions on your behalf if you are unable to do so for yourself for any reason.
Talk to a lawyer about drawing up a durable power of attorney, as well as a living will. A combination of a durable power of attorney and a living will is able to represent your medical care choices when you are no longer able to make a decision on such matters.
We Can Help
Talk to a lawyer about drawing up a durable power of attorney, as well as a living will. A combination of a durable power of attorney and a living will is able to represent your medical care choices when you are no longer able to make a decision on such matters. If you have questions about how to draft a living will, speak with a family lawyer at Deno Millikan. Contact us today at 425-259-2222.