Both Living Wills and Durable Healthcare Powers of Attorney address decisions regarding your healthcare. The Living Will states your specific wishes with regards to removing medical care if your doctor believes there is no chance for your recovery. A Durable Healthcare Power of Attorney (sometimes called a Health Care Proxy) compliments the Living Will. The Durable Healthcare Power of Attorney gives someone else the power to make all health care decisions, including carrying out the wishes you have addressed in your Living Will when you are not able to make those decisions.
Every person who has reached the age of 18 should have a Medical Power of Attorney and Living Will.
A Living Will requires lots of thought. Selecting the wrong person as Surrogate can mean your wishes are not respected, and conflicts can arise within the family. An experienced Estate Planning Attorney will brainstorm with you about your decisions.
It is not a legal requirement that an attorney draft the Living Will, but it is typically part of “The Big Three” documents, which includes a Living Will/Medical Care Proxy. The three documents are essential, and it is wise to have an experienced Estate Planning Lawyer draft these documents. These are technical documents used during stressful times; you want to avoid time-consuming questions and expensive disputes.
Your health care is your business, and you have the right to make your health care decisions as long as you are capable. In today’s world of modern medicine, you may quickly need medical decisions long after you are no longer competent and capable of communicating with your health care provider. These situations can arise suddenly, the result of an accident or unexpected illness, leaving decisions such as what doctor should care for you, what treatment protocol to follow, and refusing medical care up to someone else. These can be tough decisions, and it is important to you that the person making them represents your wishes, and it is vital to the person on whose shoulders you place this burden to know what actions you want them to take. By completing a Health Care Power of Attorney and Living Will, you can voice your wishes, select the person who will speak for you, but also give that person guidance to make these challenging and personal decisions. A properly drafted Health Care Power of Attorney and Living Will should:
Also, you may choose to address other issues, such as designating your Surrogate to have the power to donate your organs. Not every person is able or willing to serve as a medical proxy. Further, the decisions made might mean turning off your life support, so communication to your Medical Agent about your wishes and ideas on life support is a vital step in your estate plan. Without your guidance, there could be disagreements among your family and friends as to who should be making decisions and what you wished.
Typically, you will have both. Many states combine the two documents into one. The Living Will is focused on deathbed concerns, while the Power of Attorney allows your Surrogate to address a multitude of medical issues if you are unable to act.
This person might not be the same individual you select to handle your financial affairs or serve as your executor. Some people are excellent with numbers but terrible in the hospital. Further, this person should make the decision you would make, not the decision that they think is right. This person might also have to negotiate complex family relationships. Be realistic about your candidates’ strengths and weaknesses.
No. If your spouse is unable to act under pressure or will not respect your wishes, consider someone else.
Yes. This decision may arise at 3:00 a.m. Your Agent should have a copy so they can prove to your acting doctor that they have the authority to act on your behalf.
A Living Will is often included in a Medical Power of Attorney. The Living Will states your specific wishes with regards to removing medical care if your doctor believes there is no chance for your recovery. This is sometimes referred to as an Advanced Medical Directive or Advanced Healthcare Directive. This is complemented with the Durable Healthcare Power of Attorney, which gives someone else the power to make any health care decisions, including carrying out the wishes you have addressed in your Living Will if you are not able to make those decisions.
A Health Care Proxy is another word for Medical Power of Attorney. A Health Care Proxy/Durable Healthcare Power of Attorney gives someone else the power to make any and all health care decisions, including carrying out the wishes you have addressed in your Living Will if you are not able to make those decisions.
An Advanced Healthcare Directive is another name for a Living Will. The Advanced Healthcare Directive/Living Will states your specific wishes with regards to removing medical care if your doctor believes there is no chance for your recovery. Living Wills are typically complemented with the Durable Healthcare Power of Attorney (sometimes called a Health Care Proxy). These documents give someone else the power to make any health care decisions, including carrying out the wishes you have addressed in your Living Will if you are not able to make those decisions.
A DNR or Do-Not-Resuscitate Order is authorized either by the patient or the patient’s Surrogate through a Living Will and Medical Power of Attorney. The DNR is the doctor’s order to the staff instructing them not to use heroic measures, such as CPR or respirator if the patient stops breathing.
A patient can authorize a DNR without a Living Will. The DNR is a medical order refusing the use of medical equipment or CPR should the patient stop breathing or the patient’s heart stops beating. The Living Will or Health Care Proxy is the patient’s written instructions regarding medical care.
HIPAA stands for the Health Insurance Portability and Accountability Act of 1996. This legislation addressed patient data privacy. Typically, HIPPA Authorizations are included in a Living Will or Medical Power of Attorney, allowing the Surrogate or Medical Agent access to private medical data.
If you have any questions about Living Wills or the Durable Power of Attorney and any other estate planning topics, please contact our office to schedule a free consultation. For more than two decades, Klenk Law has focused only on Estate Law. We’ve seen it all, and this experience allows us to explain sophisticated estate planning techniques clearly and concisely. We make it easy for you to understand Living Wills and Estate Planning so you can make the best decisions for yourself and your family.
Peter provided outstanding advice and preparation of a will and trusts.
Peter was excellent. He explained everything very clearly and is super friendly. My wife and I originally tried using a lawyer through group legal coverage, but unfortunately the old adage - "you get what you pay for" - applied to the other lawyer, and we decided to go with a real professional.
When it came down to picking the right attorney to handle my affairs, I knew right away it was this firm. From speaking to their secretary to speaking to Peter I knew I was making the right decision. After only a few mins Peter knew right away what I was looking for and handled all my questions professionally and even gave me great feedback that put my mind at ease. All that without even giving a single penny! So of course I hired him! So far so good...
AWESOME LAWYER! Peter Klenk is an exceptional attorney and a very nice person! Today I spoke with Peter about estate planning and was impressed with by his professionalism, cordiality, and attention to detail. I highly recommend Klenk Law for probates, wills, trusts, and other issues germane to estate planning!
Great friendly staff
Tremendous firm with bright, kind and tenacious people. Great representation for our family.
I'm totally satisfied with Klenk Law. Peter has a great legal mind with the personality of the guy next door.
Everything about my experience was a 10+! Peter and his staff made what I thought would be a difficult process easy and understandable. Every detail was handled correctly. No other firm could possibly do better than Klenk Law!
Peter and his staff are very responsive and always willing to help my clients and in a cost efficient manner.
Like another reviewer, I contacted Peter through his website using the free consultation link, for a question regarding PA inheritance taxes. The question was quite technical and difficult to explain, and the answer was nowhere to be found on the web. Peter grasped precisely what I was asking, and provided a clear, helpful response (with a touch of humor) the very next day.
Answered my question quickly and referred me to a colleague that could handle my problem
Mr. Klenk, quickly understood the circumstances presented and provided clear and concise advice. This advice provided me with the information I required to progress the case to my advantage.
Peter is excellent. I had a very complicated situation with my parents' estate planning and potential Medicaid needs. Peter was very knowledgeable in estate planning matters, able to define the best solution for the situation. Additionally, he was congenial and able to communicate effectively to my senior citizen parents the benefits of estate planning. He earned my trust, and more importantly, my parents' trust in a 45 mins consultation period. Highly recommend Peter. He is very easy to work with.
Peter recently gave a presentation about Wills & Trusts at my employer, and it was fantastic! He was extremely knowledgeable and provided valuable information to the group. People were very engaged and asked several questions, all of which Peter thoroughly answered. Personally, my husband and I have selected Peter to help us with our estate planning, and he has been very helpful in providing us with all of the information we need to provide a secure future for our family. Thank you, Peter!
Peter provided outstanding advice and preparation of a will and trusts.
Peter explained things in a way that was easy to understand. Everything was done in the time frame he said it. Could not have been better!
You & your staff are the best thank you for everything.
Peter and his staff handled all of our needs in a very professional and timely matter.
Peter Klenk made a complex subject understandable and allowed us to move forward with our estate planning. He was patient with our questions and creative in the solutions he proposed.
Peter explained a complex subject very clearly, helped us to decide the best approach to managing our estate and then made it very easy for us to execute the required documents. He will be a valuable resource for years to come and clearly has a great understanding of estate law that will lead to innovative solutions for us. I would unhesitatingly recommend him for estate planning.
Fantastic customer service. Very personable and most importantly they provide great explanations of what is required based on your individual needs. Highly recommend Klenk Law for anyone that needs to create a will and estate documents.
Always professional and very responsive. Everyone on the staff that I have worked with. I look forward to continuing our relationship.
Affable...yet surprisingly cerebral estate planning atty. High marks all the way around.
Peter and his associates made things easy for us.