Even as you draft the documents you should talk about your values and wishes with your physician s , anyone you will appoint as an agent or alternate agent, and those who are close to you. You should give a copy of the documents to all of your physicians, your agent under the durable power of attorney, and your family or friends.
This form may be signed prior to a hospitalization to make clear your wishes in certain health care situations. A copy should be provided to the hospital, at admission. You may also wish to provide one to your primary doctor.
Click here. For the Kansas Living Will form, with 2 witnesses no notary click here. For the Kansas Living Will form with a notary, click here. LSC's support for this website is limited to those activities that are consistent with LSC restrictions.
Skip to main content. Topics Health Advance Directives. It must be witnessed by two individuals over eighteen, and it is only effective if two physicians have determined that you are terminally ill. Health care decisions include the power to consent, refuse consent, or withdraw consent to any type of medical care, treatment, service, or procedure. In the document you can give specific instructions regarding your health care that will require the agent to make decisions in accordance with your direction.
By planning ahead, you can get the medical care you want, avoid unnecessary suffering and relieve caregivers of decision-making burdens during moments of crisis or grief. You also help reduce confusion or disagreement about the choices you would want people to make on your behalf. A medical or health care power of attorney is a type of advance directive in which you name a person to make decisions for you when you are unable to do so.
In some states this directive may also be called a durable power of attorney for health care or a health care proxy. Depending on where you live, the person you choose to make decisions on your behalf may be called one of the following:. Choosing a person to act as your health care agent is important.
Even if you have other legal documents regarding your care, not all situations can be anticipated and some situations will require someone to make a judgment about your likely care wishes. You should choose a person who meets the following criteria:. The person you name may be a spouse, other family member, friend or member of a faith community. You may also choose one or more alternates in case the person you chose is unable to fulfill the role. A living will is a written, legal document that spells out medical treatments you would and would not want to be used to keep you alive, as well as your preferences for other medical decisions, such as pain management or organ donation.
In determining your wishes, think about your values. Consider how important it is to you to be independent and self-sufficient, and identify what circumstances might make you feel like your life is not worth living.
Would you want treatment to extend your life in any situation? All situations? Would you want treatment only if a cure is possible? You should address a number of possible end-of-life care decisions in your living will.
Talk to your doctor if you have questions about any of the following medical decisions:. You don't need to have an advance directive or living will to have do not resuscitate DNR and do not intubate DNI orders. He or she will write the orders and put them in your medical record. Even if you already have a living will that includes your preferences regarding resuscitation and intubation, it is still a good idea to establish DNR or DNI orders each time you are admitted to a new hospital or health care facility.
Advance directives need to be in writing. For a power of attorney to be considered a durable power it must specifically allow for decision making in the event of mental incapacity.
Decision making under a durable power attorney may include legal, medical or financial decisions. Cancellation of the durable power of attorney occurs at death or when you regain mental capacity. According to Legal Services for the Elderly, the person chosen to be your durable power of attorney, also known as the agent, may make decisions as they please as long as the decision fulfills their fiduciary duty to make good faith decisions on your behalf.
Use the durable power of attorney and advance directive in conjunction to ensure you receive the care you desire. Enacting only a durable power of attorney may leave you at the behest of the decision making of your elected representative. If it never becomes necessary, your agent may never use a power of attorney. In many cases, a financial power of attorney may be designated to a professional as part of routine financial management.
Many states have an official financial power of attorney form. Many banks and brokerage firms also have their own power of attorney forms. If your financial concerns include buying or selling real property, or a title insurance company, the lender or closing agent may require the use of their specific form.
So, it is possible you may end up with more than one financial power of attorney form. Generally, a financial power of attorney must be signed before a notary public. Especially if the sale or purchase of real estate is involved, it may also need to be signed before witnesses. Depending on the state you live in, your agent may also be required to sign to accept the position of agent.
Once a power of attorney has been executed, the original document is given to your agent. The agent can then present it to any third party as evidence of their authority to act for you. For example, they could present it at the bank in order to withdraw money from your bank account or use it to sign papers for you at a real estate closing. You are legally obligated to a third party who relies on the power of attorney in dealing with your agent.
In choosing a financial power of attorney, you will want to weigh whether the person is trustworthy and has enough financial acumen to handle the responsibilities. There is no accepted way to amend a power of attorney. If you want to amend a financial power of attorney, the best option is to revoke the existing document and have a new one prepared. Here is a basic outline for the process of establishing a financial power of attorney:.
Roberta is a college professor who is planning a year-long sabbatical in Spain. Since she will remain in the country for a year, she will not be able to execute her financial dealings in Chicago. She appoints her mother to act as her financial power of attorney for her property and investments. Her mother will write checks and sign important documentation related to her investments and property.
In order to create a power of attorney, the individual must be mentally competent. If your parent or other older adult relative becomes incapacitated, it will be too late to authorize power of attorney, and courts will likely need to get involved to appoint an individual to help manage the person's affairs. A medical power of attorney or healthcare proxy designates an individual to make medical decisions for you when you no longer have the capacity to do so.
The person you choose to make health care decisions on your behalf when you cannot is referred to as your agent. Any competent adult can be your agent, but it's important to keep in mind that some states enforce these exclusions: your physician or health care provider; an employee of your physician or health care provider unless the employee is your relative ; your residential health care provider a nursing home, for example ; an employee of your residential health care provider unless the employee is your relative.
If an individual has any of the aforementioned designations, they cannot act as your agent for the purposes of a medical power of attorney in some states. This may be needed temporarily if, for example, you're under anesthesia and surgery complications arise or for navigating a longer-term health crisis. The medical power of attorney will only go into effect when you do not have the capacity to make decisions for yourself regarding medical treatment.
A medical power of attorney will focus only on health-related decisions and will be written according to the exact specifications of the individual making the directive. As such, a medical power of attorney can include provisions for a wide range of medical actions including personal care management, hiring a personal care assistant, deciding on a medical treatment, and making decisions on medical treatments overall.
The Commission on Law and Aging provides the public with a very basic medical power of attorney form that can be used in most states. Some websites also provide basic templates for medical power of attorney. In most states, a medical power of attorney must be signed and notarized by a notary public before it is a binding legal document. You may also be required to have witnesses present when your medical power of attorney is signed. Neither a healthcare professional nor a lawyer is necessary to create a medical power of attorney.
You can revoke your medical power of attorney at any time. You can also complete a new medical power of attorney and designate a new agent. Many people have strong feelings about the kind and degree of medical treatment they want.
This is why it's important to think carefully about whom to appoint; the person you choose should be someone you can expect to make decisions similar to those you would make for yourself.
This person should be over years-old and be someone you trust with whom you can discuss your wishes frankly. You should ask the person you select if they feel able to take on the responsibility.
0コメント