The first document is a “living will. ” A living will spells out how you want to be cared for in the event you become incapacitated. It also might be called an “advance medical directive. ”[1] X Research source Another option is the creation of Physician Orders for Life-Sustaining Treatment (POLST). [2] X Research source A POLST form will tell medical personnel how you want certain treatments to be administered in certain situations. [3] X Research source With a medical power of attorney, you designate someone to make medical decisions for you. This person is typically called your “agent,” “surrogate,” or “patient advocate. ” A medical power of attorney picks up where the living will leaves off. Your agent will make medical decisions not covered in your living will, and will hire or fire doctors and enforce your medical wishes and court. Your agent will also have rights to visit you in the hospital and access your medical records. [4] X Research source For example, you might not have stated in your living will if you want to be put on a feeding tube. Should that become necessary to prolong your life, your agent will need to step in and decide whether or not to hook you up to the feeding tube.
Living wills often answer whether or not you want to receive treatment that will keep you alive but will not make you better. They also typically specify if you want to be put on a feeding tube. If you are not incapacitated, then you will continue to make medical decisions for yourself. Accordingly, you will not have to follow what you put in your living will. You can find living will templates on the web. An example of a simple living will is here. If you have questions, you should consult with an attorney. You may also want to fill out “Do Not Resuscitate” forms. These forms explicitly state whether you want to be resuscitated in the event of full cardiopulmonary arrest (when both breathing and heartbeat stop) or in the event of pre-arrest. Forms should be available from your state Department of Health or from area hospitals.
To start, obtain a POLST form and fill it out completely. In Oregon, for example, the form can be found online and should be filled out with the help of a doctor. [8] X Research source The form works to direct medical personnel on whether you want CPR, medical intervention, and artificially administered nutrition. [9] X Research source In Oregon, your doctor must sign the completed POLST form for it to be valid. [10] X Research source Keep one copy, printed on pink paper, with you at all times. [11] X Research source In addition, send one copy to your state’s POLST registry, which will create a secure copy of your POLST form for all medical personnel to see. If your pink paper copy cannot be found, medical personnel can look on this registry to find your form.
A “springing” (or “conditional”) power of attorney becomes effective when some condition is met. For example, a springing power of attorney may state that it becomes effective only when you are incapacitated. A “durable” power of attorney, by contrast, becomes effective immediately. Medical power of attorney forms are invariably “springing”—that is, they specify that the agent will begin making decisions when you, “in the opinion of the agent and attending physician, are unable to make or communicate a choice about a particular health care decision. ” You can create a “power of attorney” for almost any situation. If you are purchasing a home, you can create a power of attorney which authorizes someone to purchase the home subject to limitations. The other most common form of power of attorney is a “financial power of attorney,” where you give someone the power to make financial decisions for you.
Be assertive. The agent will need to assert your wishes in situations where other family members may disagree. Accordingly, you need someone who can effectively advocate in the face of resistance. [12] X Research source Live nearby. The agent does not have to live with you or in the same town, but he or she will probably need to be close at hand during medical emergencies. Often, this person will have to stop into the hospital regularly over a long period of time. For this reason, you should choose someone who lives near you. [13] X Research source Not be prohibited by law. States prohibit certain people from serving as your agent. Typically, hospital employees and medical personnel who are treating you are excluded. [14] X Research source
If you already have a living will drafted, bring a copy so that the person can get an idea about what kind of treatment you want and don’t want.
To find a qualified estate planning attorney to help you, you should contact your state’s bar association, which runs a referral service.
The American Bar Association also provides a “universal” form, which is accepted in all states except Indiana, New Hampshire, Ohio, Texas, and Wisconsin. You might also want to fill out a template yourself and then meet briefly with a lawyer to review it.
The form will ask for basic personal information: your name, date of birth, and the state where you are completing the form. Also, it will ask for information on your agent: name and address, phone number and email address. It will also for this information for your alternate agents. You will also be asked to provide specific instructions and limitations, such as treatments you do not want to receive. For example, you could specify that you do not wish to be resuscitated, receive surgery or medication, or have experimental treatments. You can also include this information in your living will.
State rules differ as to who may sign. For example, in some states a spouse or relative who would inherit from your estate may not sign as a witness. Also, many states prohibit your attending physician from signing. [17] X Research source The form you fill out should state the limitations on who may sign as a witness.
You will need to present valid personal identification to the notary, such as a driver’s license or a passport. Your witnesses must also have this identification. Be prepared to pay a small fee for the notary service. [19] X Research source
your primary care physician and any specialist who treats you regularly those designated as your medical power of attorneys close family members or friends your lawyer the administrator of your assisted living facility any hospital or medical clinic where you receive treatment
You may also need to update if you get divorced, especially if you gave your spouse medical power of attorney. [20] X Research source To update, you can fill in a new power of attorney form. Or you can type of an addendum and staple it to your medical power of attorney document. However, you will need to sign any new form or addendum and also have it witnessed and notarized, otherwise changes will not be effective.
