Living Wills

Definitions, Legal Hints, Online Articles Comments

A living will is a document which defines someone’s wishes as to whether or not to be kept on artificial life support. These documents can also appoint someone to make important health care decisions on that person’s behalf in case they are unable to do so.

A living will is not a replacement for a Power of Attorney. The living will only gives the hospital or care facility permission to take directives, from the person appointed in the living will, regarding health decisions. It does not cover any legal territory. In most cases a spouse or parent is allowed to make these directives without such a document, but it is best to consult with a lawyer regarding the details of your particular situation.

A living will may be useful if you happen to live far away from a parent and are receiving assistance from another non-immediate family member or friend whom you trust and may need to make quick medical decisions if you are unavailable.

Here is an article from USA Today which discusses this issue…

Living will laws, alone, can’t prevent end-of-life disputes

Power of Attorney

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This is perhaps the most important legal document you will have to deal with next to a person’s will. For anyone who is about to begin the journey of caring for an aging parent or loved one, you will find that if this is not taken care of early enough, it will make the tasks of managing the person’s care and finances incredibly difficult.

For anyone who is facing the onset of dementia or Alzheimer’s in a parent, it will be really important to have a POA prepared and dealt with BEFORE the person is deemed unfit to authorize such a document.

I narrowly missed having my Mother officially diagnosed with dementia before getting this paperwork processed. To have a doctor officially make this diagnosis before your parent can make this decision, will make the ability to get legal approval to manage their assets extremely difficult.

I will be talking more about this with some details in the future. I only stumbled upon this fact accidentally and if I hadn’t found out until later, I would have had even more stress that I already had. You are going to need to find good legal advice to take on the variety of issues you will come across to care for a family member. The more prepared you are the better!

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