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Legal Affairs

There are some legal issues that you should consider to be sure your wishes are followed. This page covers the following:

There are many good books and web sites that provide information about these documents. Good sources point out the pros and cons of each, suggest ways to protect your wishes and intentions, and where to get forms.

Choose carefully the people to serve as your attorneys-in-fact for the Durable Powers of Attorney for Health Care and Finances. They should be people you can trust completely. These documents can specify exactly how you want your affairs handled. Be sure you read carefully and understand everything before signing any document, because you are giving the person vast power over your life and property. The documents should clearly state that the power of attorney shall not be affected by your disability.

Durable Power of Attorney for Health Care

The Durable Power of Attorney for Health Care allows you to designate two people to make decisions on your behalf in the event that you are unable to do so. These people become your attorneys-in-fact. The Durable Power of Attorney is more flexible and comprehensive than the Living Will. It applies to all situations in which you are incapable of making decisions, not just when you are terminally ill. The people you name can access your medical records, speak to your doctor, and decide if certain procedures should be implemented or discontinued based on your interests. It is a powerful tool for getting your needs met even when you are unable to direct your own care. These forms generally are free-of-charge and simple to complete without legal assistance. Contact your State Health Department for information. Your health care provider also may have information on this. Give a copy of the completed form to your primary physician, to principle family members and to each of your attorneys-in-fact. Keep the original in a file with other important papers.

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Durable Power of Attorney for Finances

The Durable Power of Attorney for Finances allows you to avoid court conservatorship proceedings if you are concerned that your health condition will not permit you to manage your financial affairs. This will ensure that someone you trust will handle your financial affairs, taxes, and other personal affairs. Give a copy to principle family members and to your attorneys-in-fact. Keep the original in a file with other important papers.

Keep documents handy. Put copies of these documents including your Emergency Medical Information in a plastic bag. Place the bag in a readily accessible place such as taped inside a closet door. Label the bag “Emergency Medical Information Inside.” This can be grabbed quickly in an emergency. Make sure all your PAs, key family members or friends know where this is!

WARNING: Keep the original documents in a file. If the plastic bag of documents is taken with you in an emergency you may not get them back and you do not want to have to do everything over again.

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Living Will

A Living Will identifies your wishes regarding artificial life support if you are terminally ill. In some states it includes your wishes if you are in a persistent vegetative state. This document lets others know whether or not you want to refuse treatments that would “merely prolong the process of dying.” A strict set of medical criteria must be met before your Living Will would take effect. Sources for obtaining this free form, which requires no legal assistance or filing fee, include legal aid departments and your state legislators. Send copies to your physicians and family. Keep the original in a file with other important documents.

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