Senate News Update
From Senator Jane Earll
March 31, 2005

Something to Discuss Sooner Rather Than Later

The subject of living wills has been in the news quite a bit in recent weeks.  Living wills are a critical part of the preparation needed for planning medical care in times of crisis or irreversible illness, but it's important to note that they are just one of several pieces of a planning puzzle to consider. 

Along with living wills, the best preparation includes authorizing powers of attorney. Settling these two issues ahead of time is the best way to spare family members any more grief and tension than they will already be experiencing when a loved one is incapacitated. 

Essentially, a living will authorizes the withholding of certain kinds of treatment in the event one becomes permanently unconscious or in terminal condition. A power of attorney, granted in advance, authorizes another person to perform certain duties -- such as admission to a nursing home or payment of bills – for someone who is incapacitated. 

The following is a brief summary of each item. I would strongly recommend you contact your physician and your attorney for more information and advice, and discuss your decisions with your family and friends, so as to avoid confusion in the future: 

Living Will

• Officially known as an Advance Directive for Health Care, a living will is a document prepared in advance that directs an individual's physician to initiate, continue, withhold or withdraw life-sustaining medical treatment if the individual becomes incompetent and in a terminal condition or a permanent state of unconsciousness.
• The document must be signed by the individual (known as the "declarant") – or by another person at the declarant's direction on his or her behalf -- and two witnesses.
• A copy of the living will should be given to the declarant's attending physician and made part of the individual's medical record.
• A living will takes effect only after the attending physician makes a written diagnosis that the declarant is incompetent and in a terminal condition or a permanent state of unconsciousness.   The diagnosis must be confirmed in writing by a second physician.
• The declarant may revoke the living will at any time.

Powers of Attorney

• A power of attorney is a legal document authorizing another person to perform important duties. It is made while the individual granting those powers is fully competent.
• The person could be given the power to: authorize medical procedures or admission to a nursing home; handle interests in estates and trusts; handle bank transactions; and more.
• If a person does not spell out powers of attorney and becomes incapacitated, the family or a friend must obtain "guardianship" through the courts to act on the individual's behalf.

You should also revisit these documents every so often with your attorney, doctor, and loved ones, to indicate any changes of heart or circumstances.  Many people make "final arrangements" such as an estate plan/will and their funeral plans/burial plots, but don't go much beyond that.  Clearly, there are other issues that need to be addressed that are much more sensitive than who inherits the fine china set.  I hope this information provides some insight to help you begin considering this delicate topic, if you haven't already. It's not a pleasant subject to think about, let alone discuss. But while it is nice to hope for the best, it is prudent to prepare for the worst.  By doing so, you can help prevent conflict, and make trying times much more bearable.  No matter how old or young you are, it makes sense to have these documents in order, as things can happen at any time. 

As always, if you have any questions on this or any other state government matter, please do not hesitate to contact my office directly at (814) 453-2515.