Legal Issues to Consider

Top 3 Reasons to Create Legal Documents

1. To make sure your medical care wishes will be heard even if you can't speak.
2. To help your family and caregivers understand and honor your wishes.
3. To allow your family and friends to not have to deal with agonizing and difficult issues in isolation. Your written instructions become a loving gesture to ease heavy burdens and spare them pain.

Major Documents to Consider

People often start with putting together a will and set of instructions where financial documents are kept. One of the most important parts of a will is appointing your personal representative to handle everything. The rest is really just instructions on what to do and how to do it. Along with the will, it is helpful to have someone appointed as a power of attorney to handle your affairs if you become temporarily incapacitated or unable to handle personal affairs and financial matters.

However, the general power of attorney does not have authority to act on your behalf on medical issues. To help make sure you have someone who can handle medical questions when you cannot speak for yourself, a power of attorney for health care is needed. Remember putting together these documents is optional. However if you become unable to make healthcare decisions and do not have a health care power of attorney, a legal guardian may need to be appointed by the courts.

The medical power of attorney names a spokesperson who can address medical issues if you are unable to speak for yourself. A medical power of attorney should also include advance directives to address end-of-life issues, like using feeding tubes and extraordinary measures to maintain life. Some people have tried using a Living Will instead of advance directives to make end-of-life decisions known. However, a Living Will is not as comprehensive and is not accepted in all instances.

To start putting together these documents begin with frank discussions with your physician or health care provider; they have experience with the paperwork and can help you understand the alternatives. Bring in family members as you begin to understand what you want. A power of attorney for health care with advance directives (POAHC) is the most comprehensive way to name a spokesperson and let everyone know your wishes in critical situations.