No matter what age we are, we’re all faced with the same reality each day. Life is a gift. There are no guarantees. Youth. Health. Wealth. None of these things guarantee that everything is okay and that we will not face an unexpected illness or even death. Hopefully none of us will need any of the documents we’re about to discuss until well into our 80’s or 90’s, but we should definitely all have them correctly executed and stored away – if not to protect us, then simply to ease the burden that comes to our loved ones if our situation unexpectedly changes.
Please remember that the laws about how these documents need to be executed and managed vary from state to state. Check with your own attorney (or even your doctor) to make sure they are executed and stored appropriately.
Also, these documents should exist in many forms. You should have them clearly marked in your home, they should be available online (in case you are injured or become ill far from home or loved ones), and in the case of a healthcare proxy, you should consider literally having this document in your purse or wallet at all times. The Care Diary through eCareDiary.com is a great, secure and no-cost choice for storing your documents online. eCareDiary.com makes this available simply as a means of support to care providers, families, and patients. http://bit.ly/eCareDiary
Healthcare Proxy. Quite simply, A healthcare proxy is an advanced directive – an instrument or document that allows us to appoint an agent who is empowered to make healthcare decisions in the event we are incapable of doing this for ourselves. Healthcare proxies are permitted in 49 states and the District of Columbia. The idea is that the patient's wishes are to be followed even when he/she is incapable of communicating them. The unexpected gift in this can often be that it unburdens our loved ones from making very difficult decisions around end of life care. (You can find many articles on end-of-life in our blog by searching the term.) (Note that eCare Diary provides downloadable Advanced Directives for all 50 states http://www.ecarediary.com/LegalDocuments.aspx.)
Power of Attorney. A power of attorney is a form or instrument that gives one person the right to represent another as a signatory agent. This means that in legal or financial matters, for instance, the signing agent can represent the person in question. This documentation can vary greatly, not only state to state, but at times even issue to issue (i.e., financial or legal). It is well worth consulting an attorney to be sure that your documents are correctly executed and stored. If you can’t afford an attorney, even your states legal aid department can help you with this.
Living Will. Generally, a living will describes certain life prolonging treatments. Like the healthcare proxy, this is also an advanced directive. The principal indicates which treatments they do or do not want applied in the event of a terminal illness or a permanent vegetative state. A living will does not become effective unless the person is incapacitated; until that time they are able to state what care they do or don't want. A living will usually requires a certification by the person’s doctor and another doctor that you are suffering from a terminal illness or are permanently unconscious before it can take effect. (Note that eCare Diary provides downloadable Advanced Directives for all 50 states http://www.ecarediary.com/LegalDocuments.aspx.)
General Will. This is a clear and concise description of how you would like your worldly goods and remaining finances to be distributed after your death. A general will must be drawn up with an attorney and varies by state. There are many inexpensive ways to accomplish this online; don’t avoid this process due to expense or discomfort. Whether you have a million dollars and a life of wealth or just a few simple tokens to be left behind, this can relieve the burden of making tough decisions about who should get our worldly goods. Laying this out ahead of time, in a formal, legally binding way, can relieve loved ones of many difficult moments after we’re gone.
Finally… Remember that none of these documents can support you and your loved ones if no one knows you have them. Speak with your doctor, your attorney, and the person you’ve chosen as your healthcare proxy in case of emergency. Make sure your doctor understands the medical treatments you want made in end-of-life situations. These are difficult conversations, but they can save not only you from choices you do not want, they also spare your loved ones years of guilt and doubt after the fact.
Susan Baida
Co-Founder of eCareDiary.com
PS: Remember, the Care Diary through eCareDiary.com is a great, secure and no-cost choice for storing your documents online. eCareDiary.com makes this available simply as a means of support to care providers, families, and patients. http://bit.ly/eCareDiary
