Advanced Legal Directives Can Help Prepare You for Life's Misfortunes
Asheville Citizen-Times
by Shelley Pew Brown, YOU AND THE LAW
published March 13, 2008
Are you prepared to protect yourself and your property in the event that an accident or illness incapacitates you? Unfortunately, some of the business of everyday life cannot be put on hold — even for serious illness or injury — and decisions have to be made, with or without your input. Advance directives are legal tools that allow you to give someone who knows your wishes the power to carry them out if you are unable to do so. The documents everyone should consider having are a health care power of attorney, durable power of attorney and a declaration for a natural death, also known as a living will.
Many are familiar with the durable power of attorney, which is used to appoint someone to act for you in financial and business matters. While you are incapacitated in the hospital, your rent or mortgage and other bills still need to be paid. A durable power of attorney allows someone to act for you in areas that you spell out in the document. For example, you can specify that someone can access your bank accounts and conduct business transactions for you, but not sell property.
You may use a health care power of attorney to appoint a friend or family member to act for you when your doctor determines that you are no longer able to make or communicate health care decisions. You can choose any competent adult who does not provide health care to you to serve in this role. In the health care power of attorney, you can provide general instructions about the type of medical care you do or do not wish to receive. This can include specifying your wishes about any measures to prolong your life. However, the final decisions will ultimately be up to the person acting on your behalf — unless you also create a living will.
If you want to be certain to avoid certain life-prolonging medical procedures, you will need a living will or declaration of a natural death to ensure that your wishes are carried out at the end of your life. To apply a living will, your doctor and one other doctor must determine that you are suffering from an incurable or irreversible condition that will soon lead to your death; that you will never regain consciousness; or that you have advanced dementia or a substantial loss of cognitive ability that will never be regained.
Take time to plan for incapacity now while you are competent to do so. Once you need someone to act for you, it is too late to put measures in place to ensure that your wishes about your health and property are carried out. Without advanced directives in place, you won’t have any control over decisions or actions taken on your behalf. Without these documents, your family and friends won’t have any authorization to act on your behalf. This can cause added stress, anxiety and conflict in an already difficult situation.
North Carolina law provides form versions of these documents, which are available online and at most hospitals. It’s important, however, to review these documents with a lawyer. There are many options concerning the powers you can give to the person acting on your behalf. A lawyer will help you tailor the documents to fit your specific needs and make sure you have a full understanding of the powers and limits put on the person acting on your behalf. The documents must be notarized, and some require witnesses. Pisgah Legal Services provides free legal help to low-income seniors who cannot afford to pay an attorney to guide them through this important process.
Don’t wait to plan for the unexpected.
Shelley Pew Brown is a staff attorney at Pisgah Legal Services, a nonprofit law firm offering civil legal aid to low-income people in Western North Carolina. This column is not a substitute for legal advice. See a lawyer if you have questions about these issues. For more information, call 800-489-6144 or visit http://www.pisgahlegal.org/.
