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Living wills and durable powers of attorney are two ways
of making life or death medical decisions ahead of time. They can
spare your family an agonizing choice: to prolong your life despite
your suffering or their financial ruin, or to "permit"
your death. More and more of us are likely to face such a grim choice
as a result of medical advances that enable doctors to prolong indefinitely
the lives of an increasing number of terminally ill or hopelessly
injured patients. Laws are changing rapidly to meet new medical
realities, but here's what you can do now.
Living Will
A living will instructs your doctors to withhold or withdraw
life support systems if you have a terminal condition. About three
quarters of the states have laws specifying the requirements for
a living will. It generally must be signed, dated and witnessed
by two people who are not relatives or beneficiaries of your will.
Only competent adults can make a living will. You can revoke the
living will at any time provided you are legally competent. Some
states have forms that you must follow; others permit special provisions
about particular conditions or procedures.
Some important restrictions:
- In most states a living will is not binding if it is executed
before a terminal condition is diagnosed. It may nevertheless
be helpful in guiding doctors and family members.
- Most states will not honor aliving will made in another state.
Make a new living will if you move to a new state.
- Some states have expiration dates for living wills. In California,
for example, a living will automatically expires five years from
when it is made.
Because of the technical requirements and state law differences,
you should see your plan attorney before making a living will.
You'll want your doctor, clergyman and close family members to
have copies. You'll also want thedocument included in your medical
records.
Durable Power of Attorney
To give someone "power of attorney" means to authorize
him to act for you. You can grant very narrow power, such as authority
to sell a particular vehicle, or very broad power, such as complete
control over all your property. Normally, a power of attorney automatically
ends if you become unable to revoke it, i.e., if you become legally
incompetent. Adurable power of attorney is one that remains effective
even if you are incompetent. (You can always revoke the durable
power of attorney if you're competent.)
A durable power of attorney for health care can be used to designate
who should make decisions about your care if you become unable to
make those decisions yourself. You can generally specify what choices
your "attorney" must make, or you can grant him or her
broad discretion. State laws vary, so seek the advice of your legal
services plan attorney before granting a durable power of attorney.
Powers of attorney should be notarized but don't need to be witnessed.
To summarize: a living will directly instructs your doctors, while
a durable power of attorney for health care authorizes another person
to make medical decisions for you. The latter is the more flexible
tool, but either can help your wishes to be carried out and your
loved ones to be spared painful choices.
Source: National Resource Center for Consumers of Legal Services
1/04
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