All In One Financial Services

Health Directives, Living Wills &
Medical Power of Attorney

Almost more important than a Will or Trust which handles your affairs after death, are the accompanying documents that you need to handle situations while you are living, but can no longer make decisions for yourself either temporarily or permanently.

To handle an incapacity situation a Health Directive which contains a Living Will and Medical Power of Attorney is needed. All we have to do is look at the two tragic cases of Karen Ann Quinlin and Terry Shivo to realize how important it is to have the correct documents to carry out our wishes. Otherwise, battles between family members will ensue and everyone loses, except the attorneys’.

Proper planning can avoid the pitfalls, and ensure that you and your family members are taken care of the way you wish.

The Living Will declares your intentions regarding medical treatment and how you wish to be treated or not treated in certain circumstances. Do I want a feeding tube or not, should hydration be withheld or not, are examples. It gives your healthcare proxies a track to run on. Yet, you want it flexible enough so that the people you have entrusted to make these decisions for you will be able to judge what you want done or not done, just as if it were you making the decision for yourself. If the prognosis is for a recovery with a good quality of life then do everything possible for me. However, if there is not going to be a prognosis of a good quality of life then do not keep me alive unnecessarily on all kinds of machines and feeding tubes, etc., but keep me pain free and comfortable. The majority of people share this feeling, but any of your desires can be stated in this document.   

The Medical Power of Attorney empowers your healthcare agents to make decisions on your behalf. These decisions will be carried out as indicated in your Living Will when you can no longer make decisions for yourself. Just like in your Will or Trust these people should know your intentions, in order to carry out your wishes. These people can be the same as your Financial Power of Attorney, Trustees and/or your Executors or they can be different people. In some families they may be the same people, but in a different order. For example you might have a daughter who is more financially astute than your son and you name her as the first successor Trustee in your Trust and Financial Power of Attorney with your son as second successor Trustee and Financial Power of Attorney. Your daughter on the other hand is too emotional to deal with medical decisions, so you make your son the primary agent in your Medical Power of Attorney and your daughter second.

This is just one example, but there are many alternatives and decisions as to how you may want to structure your care. There really is no right or wrong in these situations, it is strictly knowing your family and close friends and who you want to take responsibility for your care.

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None of the information contained herein is to be construed as legal advice, but merely a review of information that is readily available to the public. Ron J. Mille, FSS – Retirement Counselor, his successors and/or employees are not attorneys and do not give legal advice. This service is not a substitute for legal advice from an attorney. We will do our best to give you useful and accurate information, but that is not the same as legal advice. If you want help understanding how the law applies to your particular circumstances, or deciding which estate planning documents are best for you, then seek a qualified attorney.