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IT’S NOT ALL ABOUT PROPERTY

Advanced Medical Directives

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Many people make the mistake of thinking that estate planning is just about protecting wealth and distributing property. Those are often important goals of estate planning, but they are not the only reasons to have an estate plan. There are other reasons to have an estate plan and other goals that you can accomplish with an estate plan. In fact, the other goals are often far more important than wealth and property.

If you have children, you can use an estate plan to determine who should have guardianship over your children in case something happens to you. Whose custody you leave your children in is usually far more important than how much money you leave your children. However, if you do not have an estate plan, you will not be the person to decide who will take care of your children.

An estate plan also sets out who takes care of you and your property if you become incapacitated. If you are in the hospital, for example, someone might need to make health care decisions for you. As part of your overall estate plan, you can decide who has the authority to do so.

Do not make the mistake of thinking that just because you do not have a lot of property you do not need an estate plan. Property is important to estate planning, but it is not the most important thing.

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One of the most important decisions that you will ever make is who you should appoint to make your health care decisions when you are no longer able to do so. The designation is made in a Health Care Proxy document. Most people instinctually think that they should name a spouse or family member. That is often the best person to appoint. However, there are other things to consider.

The person that you appoint needs to be able to effectively communicate with doctors and other medical personnel what your wishes are. That means that he or she must not only be able to express your wishes, he or she must know what they are. Some people are not comfortable talking about important health care decisions long before they need to be made. It can be uncomfortable for family members sometimes, but you need to be able to talk to the person you designate about what you want.

You also need to take care to appoint someone who is available to communicate with doctors and who you anticipate will be available long into the future. Hopefully, you will not need the Health Care Proxy for years to come so it does not make sense to designate someone in it who may not be around when you do need it.

Who you designate is up to you. Talk to your attorney about who the right person is for your situation.

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A benefit of estate planning is that you get your questions answered about all kinds of estate planning issues. For example, you find out how to prevent problems and how to create positive solutions, regarding medical planning. Here, we’re answering the 6 important medical estate planning questions we receive the most frequently. We’re including two parts to this article because there are so many questions and the answers are important to everyone.

4. Who should I name as my health care agent?

Use a health care proxy to appoint health care agents to make health care decisions, if you are ever unable to make those decisions yourself. Name agents who care about you, know you, can deal with stressful medically oriented situations, and can communicate effectively, even assertively, with medical personnel. Everyone needs an advocate when he or she is in the hospital.

Be sure to ask your agent before naming him or her and name back-up agents, in case your primary agent is unable or unwilling to serve at the time.

5. Does my health care agent have to honor my living will?

Yes, your health care agent can only make health care decisions on your behalf if you cannot provide informed consent and haven’t already done so. Your health care agent must honor your living will and should make sure that your doctors have a copy of it.

6. Should I be an organ donor?

Being an organ donor is a personal decision, but consider that you can save up to 8 lives and help numerous others improve their lives by being an organ and tissue donor. Would you want someone to donate organs and tissues so that you or a loved one may live, see, or recover from tragic burns or trauma?

If you haven’t yet done so, read Answers to 6 Important Medical Estate Planning Questions (Part One of Two), to learn more and get your medical estate planning questions answered. If you have questions about your individual situation, consult with a qualified estate planning attorney.

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A benefit of estate planning is that you get your questions answered about all kinds of estate planning issues. For example, you find out how to prevent problems and how to create positive solutions, regarding medical planning. Here, we’re answering the 6 important medical estate planning questions we receive the most frequently. We’re including two parts to this article because there are so many questions and the answers are important to everyone.

1. What is an advanced medical directive?

An advanced medical directive is a legal document wherein you make a medical decision before you need it. You’re making a medical decision now for a potential situation sometime in the future. Examples of an advanced medical directive are a living will, health care proxy, and organ donation authorization.

2. I already signed a HIPAA release at my doctor’s office; do I need another one?

You likely signed a HIPAA release authorizing the medical office to release information about your medical record to your health insurance company so they can get paid. You need a HIPAA release that honors federal medical privacy laws and authorizes your medical staff to communicate with your health care agents, named in your health care power of attorney.

3. Who Needs a Living Will?

A living will is effective if you are in an end-stage medical condition such as an irreversible coma or persistent vegetative state. Each and every person, age 18 or older, needs a living will if that person wants to avoid end-of-life medical heroics, including life support machines. The United States Supreme Court has rules that a living will is clear and convincing evidence of the desire to not be kept alive with medical heroics.

Continue reading Answers to 6 Important Medical Estate Planning Questions (Part Two of Two)tomorrow to learn more and get your medical estate planning questions answered. If you have questions about your individual situation, consult with a qualified estate planning attorney.