Q and A: Advance Directives

Q and A: Advance Directives

Question: Whether I spend my last days in my own home or in a senior living community, how do I make sure my wishes are carried out?

Answer: As long as you remain able, you can let people know what you want but, should you become incapacitated, you’ll need to have prepared “advance directives” to ensure that your wishes are carried out. Advance directives are legal documents so they should be carefully prepared and you may want the advice of an attorney.

The most basic concept relating to advance directive is the “power of attorney.” This is a written document in which you, while you are of sound mind, give another person the legal authority to act in your place and on your behalf. You must sign and date this document before a notary or two adult witnesses, excluding the person who will act as your agent. A “durable” power of attorney ensures that the conditions are met or go into effect if you become incapacitated.

Through a “durable power of attorney for finance,” you can designate someone to manage your income and assets, pay bills, apply for benefits, and provide for your personal needs. A “living trust” deals with assets transferred to it, and can be used, in conjunction with a durable power of attorney, for asset management in case of incapacity.

A “living will” allows you to instruct your attending physician to withhold life-prolonging treatments or reinforce that you want to receive all treatment available if you are unable to make these decisions. When your doctors receive a valid living will, no family member or friend has legal standing to interpret the meaning of the directives.

But you can name someone to carry out your specific health and medical wishes through the “Advance Health Care Directive.” This document lets you name an agent to act on your behalf; give specific instruction about any aspect of your health care, whether or not you appoint an agent; express an intention to donate organs or tissue following death; and designate a physician to have primary responsibility for your health care.

These forms are readily available as is other assistance — from the California Medical Association, www.cmanet.org, (800) 786-4262; health care groups such as Kaiser; community legal services; and Nolo Press (nolo.com). If no advance directives exist, a formal, time-consuming and often expensive court procedure of conservatorship may be necessary.