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Wednesday, April 6, 2011

Have Your Affairs in Order - Power of Attorney, Living Will, Will, Life Insurance


Have your Affairs in Order
Power of Attorney, Living Will, Will, Life Insurance

* Note – I add this entry as a reminder to make sure that you have your affairs in order “before” you ride.  Wear your helmet and ride safe.  Check laws in your state for additional information to this blog. 

 This is the list of legal documents  that I had not  completed as I laid in the hospital on life support after I had crashed on an ATV when I was not wearing a helmet. I had suffered a severe tbi and I was still married to someone that I had been seperated from for 5 years! Yes legally in PA he could have as they say "pulled the plug" because I didn't have my legal affairs in order. He also could have taken our two small children away from me and my family then.  He did neither of those then.  My imediate family went through the legal actions to get power of attorney and take care of any medical directives that were neccessary.  The rest is history.  
                                                   Legal Document Information

1).Power of Attorney – Most state laws are concerned with how an individual who has become incapacitated may exert some influence and control over certain decisions that will be made concerning their health care. A durable power of attorney is a document that is similar to a living will except that it gives authority to a selected individual to decide whether or not to begin or discontinue artificial life support.

Any decision made by the durable power of attorney regarding life support is said to have the exact same legal effect as though the patient were making the decision themselves.  In the "Durable Power of Attorney" state laws chart, you will find information on the specific powers and acts that can be covered in a durable power of attorney,  requirements for making the instrument valid, how a durable power of attorney can be revoked, and more.

2.) Living Will - A living will is a document that establishes  should, and what should not be done, if you are incapacitated and unable to make those decisions.  Reasons for this may be because you are in a coma, suffered a debilitating injury, or because you have become seriously mentally incapacitated. 

Here are some of the most basic considerations to account for in your living will:
Life-Prolonging Medical Care -  living will should state if you want to receive life-sustaining and or treatments at the end of your life.  Typical treatments should  include  transfusions, respirators, dialysis, drug treatment and surgery.
Do Not Resuscitate (DNR) Directives:  In conjunction with directives about whether you want to receive life-prolonging medical care, most living wills will state whether or not you want to be resuscitated (CPR) at the end of your life.  It is advisable to let your doctor and local hospital know about your DNR decisions and, if you do not want paramedics to try to resuscitate you, to wear a Medic Alert bracelet, anklet or necklace with those instructions.
Life-Prolonging Food and Water - If you are comatose or seriously injured, you will only be able to survive through the external administration of food and water.  When such treatment is stopped, the patient will die naturally of dehydration and medical professionals will typically administer medication to make your passing comfortable. You should state whether you want to receive food and water, under what conditions and timelines you would like to receive it and when this should end. 
Pain Management -   If you decide you want to let death occur naturally, without the intervention of care, it doesn’t mean you have to die with pain.  This is often called “comfort care” or “palliative care”. This care is to emphasize qualify of life and dignity by keeping, you, the patient comfortable and free of pain until they pass.  Remember to specify in your living will if you want doctors to emphasize pain management at the end of your life.
State laws for living wills:

3.) WillA well-written will eases the transition for survivors by transferring property quickly and avoiding many tax burdens. Wills describe the estate, the people who will receive specific property (the "devisees"), and even special instructions about care of minor children, gifts to charity, and formation of posthumous trusts.
Requirements may be different for each state.

4.) Life Insurance – Research and select a company of your choice.

*Free forms can be found for the above topics by searching:
 living wills, wills, advance directives and power of attorney.  There are also books with  the legal forms located in one spot. Be sure to have your documents witnessed and notorized. 

Living Wills               Power of Attorney        

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