Golden Strategies: Bright Ideas for Senior Citizens

Dear Golden Strategies,
Last year, I was captivated by the Terri Schiavo case on national news. It prompted me to start thinking about living wills and medical directives. I want to have a say in my health care, even when I am physically unable to express my wishes. How can I make my wishes known and mean something in a court of law?

Gretchen
San Antonio

Dear Gretchen,

To be meaningful in a court of law, end-of-life decisions should be recorded in clear and precise legal documents, so they will stand up in a court of law. For the most part, these documents, such as a living will, are too complex to fully address here. I suggest that you visit with an attorney who specializes in estate planning or elder care law so you know your wishes comply with your state laws.

Here, however, is some information that will help prepare you for a meaningful discussion with your legal counsel.

• Consider creating a living will, as well as a health care proxy (sometimes called a medical power of attorney). Simply put, your living will would give guidelines on how you should be cared for under circumstances when you are no longer able to articulate your wishes, such as a coma. Your health care proxy, a broad document, would allow you to choose a person to make medical decisions on your behalf. Usually, this individual is a close family member or friend who will seek to understand your specific health condition and circumstances and make a decision that would be consistent with your established wishes.
• When creating your living will, it's important to address several issues relating to your ideas about quality of life. You need to be precise. Statements such as "no heroic measures" or "artificial means" can have numerous interpretations and need to be explicit. In addition, you will want to include your feelings on nutrition, hydration and pain relief.
• You may also want to address what should happen after your death, such as burial arrangements and anatomical gifts.

Once you've determined your wishes, I encourage you to discuss your decisions with your family. Although it may be difficult, your family will feel secure and comfortable knowing your personal wishes. Your thoughtful discussion will help avoid any future family conflict that may arise due to uncertainty and their desire to make the best decisions for you.

Please contact Mary Ludwig, Development Director at 712-732-5127, for more information.

The information on this site is not intended as legal, tax or investment advice. For such advice, please consult an attorney, tax professional or investment professional.

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