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LIVING WILLS AND POWER OF ATTORNEY FOR HEALTH CARE

The Terry Schiavo case highlights the need for individuals to have proper advance directives in place such as a Power of Attorney for Health Care (Medical Power of Attorney) and/or Living Will.

A Power of Attorney for Health Care is a legal document in which you name a person (your agent) who will be authorized to make medical decisions on your behalf in the event you are unable to do so. A Power of Attorney for Health Care can be as simple or detailed as you wish to make it. The person named in a Power of Attorney for Health Care can also be authorized to carry out any desire to be an organ donor. The powers granted in a Medical Power of Attorney can be limited or broadly structured to authorized your agent to take into consideration a vast array of factors in making medical decisions on your behalf. In each case, the Power of Attorney for Health Care can be individualized to meet your particular needs.

A Living Will is also an advance directive that is quite different from a Power of Attorney for Health Care. In the case of a Living Will, no particular person or agent is designated to make decisions on your behalf. A Living Will is basically a declaration to the world that you do not wish to be kept alive artificially in the event you have an incurable, irreversible or terminal condition which your attending physician has determined that your death is imminent except for certain death-delaying procedures.

The subject of advance directives is not pleasant to consider or think about. Yet, no matter what your age or current medical condition, it is something that each individual should give due consideration and thought to so that the proper advance directive can be in place in the event that it is needed. At Deutsch, Levy & Engel, Chartered, we are experienced in counseling individuals and preparing advance directives. Please contact Dennis E. Frisby (frisby@dlec.com) if you wish to discuss advance directives or any of your other estate planning needs.