By: Timothy Denker
Not everything about estate planning is done for your heirs. Much of it, in fact, is put in place to protect you. One of those documents is called a “Power of Attorney for Health Care and Health Care Directive.” I’ll simply call it “Directive” from here on out.
Most of us remember the Terri Schiavo story. To remind you, Terri suffered an accident that resulted in serious brain damage and was in a persistent vegetative state. Terri did not have a Directive and so a seven year legal battle ensued between her husband and friend, who wanted the life-prolonging procedures to be removed, and her parents, who wanted her to continue on life support hoping for a recovery. In the end, the decision was made by the courts. This situation cost the family constant and prolonged heartache, thousands of dollars, and at a certain point Terri went on government aid/taxpayer money. If Terri had just had a Directive, it would have been clear to all her family members what her wishes would be, and the fighting could have been avoided altogether.
Did you know that just because you’re married, your spouse does not have the automatic right to make those healthcare decisions for you? In fact, any person who is an adult and does not have a legal guardian should have a Directive in place.
So ask yourself: Who do you trust to be able to make (and handle) those incredibly important decisions for you? Your spouse? Your parents? Your kids? Is that person comfortable making that call? Then take it a step further. How should that person make those decisions?
A Directive not only provides the person you give the power to make health care decisions you are unable to make, but it also tells them what you want. Make sure you are the person who chooses what situations will determine the extent of your medical treatment. Don’t force your family to make that decision for you. And don’t force your family to fight in court over who has that say and what that say should be.
These are very emotional and sensitive decisions to make, and only you can really know what you want. Have your Power of Attorney for Health Care and Health Care Directive drawn up as a part of your overall estate plan, and remove the burden of that decision from your loved ones.
Timothy Denker
The Legal Center for New Families LLC
229 SE Douglas, Ste 210
Lee’s Summit, MO 64063
(816) 434-6610
tdenker@lawfornewfamilies.com
