PLANNING TODAY

Understanding Advance Directives

Advance directives are some of the most important planning documents you can have, yet many people still do not have them. Advance directives allow you to give instructions about your future healthcare, in case you are ever unable to speak for yourself. There are two important advance directives you need to understand: the Living Will and the Healthcare Surrogate Designation.

The Living Will — Do not confuse a living will with a last will and testament. They are very different. Your living will instructs your physician to provide, withhold or withdraw life-prolonging procedures under certain specific conditions. Life-prolonging procedures are any artificial efforts that prolong the dying process. Without a living will, hospitals are reluctant to withdraw your life-support.
End-of-Life Conditions — Your living will is exercised only if you are in a terminal condition, an end-stage condition or a persistent vegetative state. Additionally, you must be unable to communicate your wishes and have no reasonable probability of recovery. Once these conditions are met, your physician may legally remove or withhold life-prolonging procedures.
Mental Incapacity — At any time in life you may become unconscious or mentally incapacitated, leaving you unable to make your own healthcare decisions. Mental incapacity may be caused by an injury or a disease like Alzheimer’s disease or stroke. As life expectancy increases, we are more likely than ever before to live into very old age and suffer from debilitating chronic disease. Nearly half of all people over age 85 have some symptoms of Alzheimer’s disease. Do not assume you will never need an advance directive.
Healthcare Surrogate Designation — This important document (also called a healthcare power of attorney in some states) allows you to appoint a trusted person to make healthcare decisions for you, if you are unable to give informed consent. Unlike the living will, which is limited to end-of-life situations, the healthcare surrogate designation covers all types of medical treatment, including day-to-day care. Your surrogate is empowered to make all of your healthcare decisions for you while you are unable to speak.
Compassion for Your Family — One of the best reasons to have these advance directives is to save your loved ones from the stress and anxiety of making these decisions without your guidance. You can only imagine the possible guilt and disagreement that could enter into any decision about removing your life-support. Even if your family knows you want to die naturally, they may have trouble honoring that wish, if it is not in writing.
Getting Expert Advice — The laws on advance directives vary from state to state, so it is a good idea to visit with your attorney to get professional advice. Although hospitals often provide free living will forms, you may wish to have an attorney draft your document so that it meets your exact preferences. Advance directives are relatively inexpensive, and many attorneys will include them when you have your last will and testament drafted.
Taking Action — You must sign an advance directive while you are still mentally competent. Once you lose your mental capacity, it is too late. The smart decision is to go ahead and take action right away. Make an appointment with an attorney, request your advance directives and enjoy the peace of mind of knowing you have taken care of this important matter. Once you have your advance directive documents, keep them in a place where they are accessible. It is often a good idea to give copies to your physician and to bring copies whenever you are admitted to the hospital.

We hope you have found this issue of Planning Today useful and interesting. If you have any questions, please contact your professional advisor, or give us a call. Thank you for your continued support.

Judy Ludin, Development Executive
Menorah Manor Foundation
255 59th Street North
St. Petersburg, FL 33710
Telephone: 727-302-3704

Email: foundation@menorahmanor.org