Living Wills
Without a living will, there won’t be anyone authorized to handle your affairs if you become mentally incapacitated. If you haven’t planned for your disability, someone would have to begin guardianship proceedings in Probate Court to obtain legal authority to administer your affairs.
A living will allows you to define your wishes about being placed on artificial life support systems if you have been deemed terminally ill or permanently unconscious by at least two qualified medical providers. A living will also lets you decide whether you want food or liquid to be given to you by artificial means if you are terminally ill or permanently unconscious.
The directions in your living will only come into play if you become unable to express your wishes at the appropriate time, and the health care agent designated in your Power of Attorney for Health Care is unavailable to act on your behalf.
Power of Attorney for Health Care
A Durable Power of Attorney for Health Care allows you to nominate an agent to make your health care decisions if you become unable to do so yourself. This document lets you specify when and how life-sustaining treatment should be discontinued, if at all.
If you become unable to make your own health care decisions, your agent has the duty to make decisions in accordance with your wishes, if known. Otherwise, your agent must act in your best interest and in accordance with accepted medical practices.
Of course, you can revoke a Durable Power of Attorney as long as you remain mentally competent.
A customized set of disability instructions is a better tool for establishing your wishes. For example, do you want to stay at home or go into a nursing home, even if it costs more to keep you at home? Would you be happy living with an adult child, or is that the last thing in the world you want? Should a person you live with be paid to avoid any financial burden? Who will decide that you are disabled, that it’s time to turn over the keys to the car? Who should be in charge of you and your affairs if you are disabled? One person or a team? These are important questions, affecting your quality of life, that probably will arise. If you don’t answer them, who will?