Peace of Mind in Estate Planning is Possible
Even for Fearful Seniors - Part 2

More Information About Estate Planning for Seniors

Controlling the Health Care We Receive

As important as funeral arrangements might be, this task represents just one in a whole series of essential estate planning issues that we should settle well in advance. Of great concern to many consumers is the medical treatment they will receive in the event of a serious injury or illness. With todays great advancements in medical technologies, health care providers have at their disposal a wide range of costly and invasive life-prolonging treatments that may be the last thing you want yourself or a loved one to endure. Thats why, for many consumers, taking steps to control when, how and why they receive medical treatment ranks at the top of their list of estate planning priorities.

One tool commonly employed by individuals to achieve that goal is the Living Will, also known as a healthcare directive. This simple document allows you to describe the kinds of treatments you do, and do not want, should a life-threatening illness or injury befall you. Unfortunately, Living Wills are often ineffective. In a landmark study conducted by the American Medical Association and financed by the Robert Johnson Foundation, Living Wills alone were shown to be no match for the medical industrys dogged determination to keep patients alive no matter what. According to the study, most doctors either ignore or dont understand their patients Living Wills. As a result, few heed them. Such specific instructions as do not use cardiopulmonary resuscitation were ignored in 49% of the cases studied. Those patients who do see their directions followed may have to first endure the medical intervention they sought to avoid while the doctors make a decision. The study revealed that doctors took anywhere from 22 to 73 days to write complying orders after the patients requested them. Of that number, 48% of the orders were two days before the patients died. Americans who want to control their destiny and the manner in which they die have no choice but to take matters aggressively into their own hands. And the Living Will may not be the best tool for doing that.

A Living Will is typically a simple one-page document that directs medical providers to limit your care under certain circumstances. While its a convenient tool, its brevity may well be reason doctors refuse to recognize it. Many cite, for example, its ambiguous language and limited scope as reasons to disregard it. Further, not all states have laws recognizing the power of living wills. One final drawback: A Living Will does not empower anyone to act on your behalf, should you need an advocate on the scene to speak for you. For these reasons, a better alternative to a Living Will alone may be combining it with an Advance Health Care Directive, also known as a Durable Power of Attorney for Health Care, or Health Care Proxy. It provides extensive directions governing everything from what life support measures you want to whether you want to donate your organs. It also allows you to name someone to serve as your Attorney in Fact for health care matters. Also, the privacy provisions of Health Insurance Portability and Privacy Act, or HIPAA, became effective in April of 2003.

To assure that your loved ones can access health care information in the event of your incapacity or to assist with health care decisions, you and every other member of your family should execute a HIPAA Authorization form. Thats an important advantage to bear in mind. Having someone legally authorized to make such decisions for you will ensure that your wishes are carried out.

Charles Benninghoff

Part One - Part Two - Part Three

Related All