The Wise and the Wary
Who can you trust? Deb hears this question over and over again in her professional practice as an elder law attorney and a fee-only, holistic financial planner. Let Deb teach you how to protect yourself and your assets from those who might not have your best interests at heart. [Editor's note: Deb no longer contributes to Silver Planet, but we have made her archived blog entries available as a service to our readers.]
My Living Will Covers All My Medical Decision Making
Misconception #11 of “The 12 Biggest Misconceptions of Estate Planning Clients”
A living will, also known as an Advance Directive or a Declaration as to Medical or Surgical Treatment, is a document stating your wishes about end-of-life medical care. Unlike wills, trusts, powers of attorney, and other estate-planning documents, a living will is very limited in scope, as dictated by your state’s laws.
In Colorado, the living will only “speaks” for you if your condition is terminal—not curable or reversible in any way—and is so certified in writing by two licensed physicians. You must also be completely nonresponsive, either unconscious or otherwise unable to communicate decisions about ceasing life-sustaining procedures. In addition, all medical treatment has to have already been withheld or withdrawn from you, leaving only hydration, tube feeding, and pain care. If all of these conditions are met, only then will the document be consulted.
Frankly, not many of us leave the world this way. Most of us will die of our illnesses or injuries before this state is reached. It’s also debatable whether living wills function for those in a coma, since a comatose state is not necessarily a terminal condition. Finally, no attorney can guarantee that the document will automatically be followed, since hospitals are understandably loath to cease hydration and nutrition without a court order if family members are reluctant to abide by the document’s provisions.
A Medical Durable Power of Attorney for Healthcare is a much broader document, allowing you to name someone to speak on your behalf for all medical conditions, not just end-of-life concerns. This document can be written to cover as many personal and medical care scenarios as you wish, in a way that is not constrained by state law. Don’t leave your loved ones guessing or feeling guilty—state what you desire now, while you are still able.
Caring Connections, a program of the National Hospice and Palliative Care Organization, has put online all states’ living will templates and medical power of attorney samples. These can be found at www.caringinfo.org.
By Deborah Hoskins, JD, CFP
The Wise and the Wary Blog
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