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Legal Issues of ElderhoodJanuary 22, 2005 Living in Prime Time
There are four crucial documents each senior citizen should have: 1. An updated and valid will; 2. A durable power of attorney; 3. A living will; 4. A durable power of attorney for health care.
A well-drafted will ensures that your belongings (no matter how extensive or meager) will be allocated according to your wishes. It can also prevent, or at least diminish, family squabbles and reduce the time and cost of probate. In some cases, it can reduce the amount of taxes that will be owed. Wills should be reviewed every year or two and also whenever there is a major change in your family, e.g., a death, a divorce, a move to another state, a change in assets. It is important that you give your loved ones a copy of your will and tell them where you keep the original.
A durable power of attorney allows a designated person to make legally binding decisions for you should you become temporarily or permanently incapacitated. If you are ill and in the hospital, for example, this document would allow your designated attorney-in-fact to sign your checks, to pay your bills, to take care of your home and car. This document, however, does not strip you of your power to make your own decisions or control your own legal and financial affairs. It simply names a person to handle some or all of these matters in case you are unable to handle them yourself. Unless you specifically revoke it, a durable power of attorney remains valid until you die.
A living will states your wishes regarding medical care in the event you are close to death. Typically, a living will informs the doctor that you wish to die free of pain and free of aggressive medical treatment when there is no reasonable chance for your recovery. A copy of your living will should be given to your primary physician and your loved ones.
A durable power of attorney for health care appoints a person to make medical decisions on your behalf when you are unable to do so. For instance, if you are delirious for a brief time following surgery, your doctors will look to your appointed health-care proxy for medical care decisions until you are better and able your own decisions again. A copy of this document should be given to your primary physician and the person you have designated to be your health-care proxy.
These four documents are vital because they give direction to your loved ones and to those around you, telling them of your wishes and how you want to be treated. A local attorney can prepare these documents for you. Also generic forms, received from a hospice or your physician, may be appropriate in some cases.
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