Who Decides Whether You Live Or Die When You Become Incapacitated?
People are often understandably a little hesitant to discuss how they would like to be cared for if they become incapacitated.
It is not a pleasant thought.
The "death panel" controversy has, however, brought this discussion to the forefront and generated interesting debate about how to best handle incapacity (see here and here).
Absent planning in advance, nasty disputes often arise between family members regarding the best course of action when a loved one becomes incapacitated.
The assistance of an attorney and the preparation of some basic documents can prevent these types of issues.
Danny Wexler is one Worth Magazine's Top 100 Estate Planning attorneys and has experience drafting the documents that you need to be prepared for this hopefully unlikely event.
Providing for the manner of your care in these circumstances helps to alleviate your loved ones from a heavy burden if the unthinkable does occur.
That is often a central motivation behind the choice to create an advance healthcare directive or a durable power of attorney for healthcare, both of which are available in California.
Advance healthcare directives and durable powers of attorney for healthcare are a couple of the legal devices that have been developed to allow individuals to plan for potential incapacitation.
An advance healthcare directive (AHD) dictates specifically how you would like to be treated in the event of incapacitation (AHDs are similar to living wills but narrower in scope.
Living wills are not allowed in California).
Durable powers of attorney for healthcare place the power to determine how much and what kind of care the individual will receive in the hands of a trusted friend or family member.
An advance healthcare directive allows for the individual to have direct and specific control over what care is given in what circumstances.
They remove the burden to decide how to care for the person from the family.
On the other hand, however, a sloppy or imprecise advance directive creates more problems for the family than it solves, since when the document is not clear, it falls on the family and physicians to interpret the individual's wishes.
This can lead to infighting and sometimes litigation to resolve the ambiguity.
For this reason, a good attorney with experience in drafting this type of document is crucial to making the experience as pleasant and reassuring as possible.
Durable powers of attorney for healthcare are another way of handling this situation.
They place the decision in the hands of a trusted friend or family member to direct the individual's care as they see fit.
This legal device offers reassurance to the individual that they will be in the hands of someone they trust.
It must also be carefully drafted in order to be clear and unambiguous, or else there is a significant risk that disputes among the family over whether and when the person named should have the power at any given time.
In the end, the decision of whether or not to put into place a legal device to provide for incapacitation, and what kind to employ, is a very personal choice.
It is not a pleasant thought.
The "death panel" controversy has, however, brought this discussion to the forefront and generated interesting debate about how to best handle incapacity (see here and here).
Absent planning in advance, nasty disputes often arise between family members regarding the best course of action when a loved one becomes incapacitated.
The assistance of an attorney and the preparation of some basic documents can prevent these types of issues.
Danny Wexler is one Worth Magazine's Top 100 Estate Planning attorneys and has experience drafting the documents that you need to be prepared for this hopefully unlikely event.
Providing for the manner of your care in these circumstances helps to alleviate your loved ones from a heavy burden if the unthinkable does occur.
That is often a central motivation behind the choice to create an advance healthcare directive or a durable power of attorney for healthcare, both of which are available in California.
Advance healthcare directives and durable powers of attorney for healthcare are a couple of the legal devices that have been developed to allow individuals to plan for potential incapacitation.
An advance healthcare directive (AHD) dictates specifically how you would like to be treated in the event of incapacitation (AHDs are similar to living wills but narrower in scope.
Living wills are not allowed in California).
Durable powers of attorney for healthcare place the power to determine how much and what kind of care the individual will receive in the hands of a trusted friend or family member.
An advance healthcare directive allows for the individual to have direct and specific control over what care is given in what circumstances.
They remove the burden to decide how to care for the person from the family.
On the other hand, however, a sloppy or imprecise advance directive creates more problems for the family than it solves, since when the document is not clear, it falls on the family and physicians to interpret the individual's wishes.
This can lead to infighting and sometimes litigation to resolve the ambiguity.
For this reason, a good attorney with experience in drafting this type of document is crucial to making the experience as pleasant and reassuring as possible.
Durable powers of attorney for healthcare are another way of handling this situation.
They place the decision in the hands of a trusted friend or family member to direct the individual's care as they see fit.
This legal device offers reassurance to the individual that they will be in the hands of someone they trust.
It must also be carefully drafted in order to be clear and unambiguous, or else there is a significant risk that disputes among the family over whether and when the person named should have the power at any given time.
In the end, the decision of whether or not to put into place a legal device to provide for incapacitation, and what kind to employ, is a very personal choice.