Living Will

Dave's picture

If this is the first time you’ve looked at this, I suggest you first go over the information in the Estate Planning blog.  Briefly Estate Planning explains the need for the three essential legal documents.  These deal with end-of-life issues, such as avoiding probate, and end-of-life medical decisions.  This blog entry relates to your a Durable Power of Attorney for Health Care also known as a Living Will.

Why do you need a Living Will?  Very simply, it insures your wishes regarding health care will be carried out should you be unable to make those decisions for yourself. This document makes sure this will be the case.

What goes into the Durable Power of Attorney for Health Care?  Several important issues, they are:

First:  You name a person (in my case my wife) as an Agent to make your Health Care decisions.

Second:  Name a second person (in my case my daughter) to act as my Agent in case my first choice resigns or is unable to perform the duties.

Third:  You grant your Agent full power and authority to:

  • Give consent to, prohibit or withdraw any health care even if it results in your death.
  • Withhold or withdraw artificially supplied nutrition and hydration.
  • Make all arrangements for health care services for you.
  • Move you in and out of any health care facility.
  • Take any other action necessary to do what you authorize.
  • Insure your Agent shall not incur no personal financial liability.

That’s it.  After it’s signed and witnessed, it’s done.

That takes care of you.  Make sure the same document is in force for your spouse or life partner should that apply.

What do you do with the Durable Power of Attorney for Health Care?  Make several copies.  Place the original in a safe place.  What’s a safe place?  A safety deposit box or a fireproof home vault comes to mind.  Also, I gave a copy to my daughter.  If you choose a safety deposit box, make sure your Personal Representative(s) know where it is at.  You name your Personal Representative(s) in your Will.

Where do you go to prepare a Durable Power of Attorney for Health Care?  An attorney is the logical place.  Maybe the services of a paralegal will work.  You can also check-out the web.  I cannot vouch for them as I have not used them nor do I know anyone who has.  If you have, please share your experience.

How much will it cost?  Depends on who you use.  I used an attorney.  I probably paid a premium, but the peace of mind was worth the cost.

I hope this helps.  Please share your experience with the rest of us

Remember, It’s rChance to Live and Thrive, Every Day and in Every Way!

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