Advance Directives

Living Wills

• Allows you to decide if you want life-sustaining procedures if you become terminally ill and are in the hospital or a nursing home.
• Effective only if terminally ill and are in a hospital or nursing home.
• If executed in a hospital or nursing home, one witness must be a state-designated person (ombudsman).
• Allows you to name an agent to enforce or revoke it, but the agent cannot make other medical decisions for you.

It is best to discuss the document with an attorney to be sure you understand your decision.

Healthcare Power of Attorney

• Allows you to name someone as your agent to make healthcare decisions for you if you are unable to make them for yourself.
• Allows you to decide if you want life-sustaining procedures.
• Allows you to decide if you want to be an organ donor.
• Gives your agent access to your medical records.
• Allows your agent to communicate with Medicaid, Medicare, or your health insurance company.
• You do not need both a Living Will and a Healthcare Power of Attorney.
• The Healthcare Power of Attorney covers more situations than the Living Will.

Physician Order for Scope of Treatment (POST)

• A POST form is a document that you can use with your other Advance Directives. It is a medical order that you complete with your doctor that addresses key medical decisions about the care that you will receive at the end of your life.
• A POST document should be used when you have been diagnosed with a serious illness, or based on medical diagnosis, may be expected to lose capacity within 12 months.

Durable Power of Attorney

• Choose someone to act as your agent to handle your personal, financial, and business affairs if you are not able or are not available.
• You can control when and how the Power of Attorney is used. Make the duties general (everything) or specific (you outline).
• Having a Durable Power of Attorney can help you avoid the need for guardianship or conservatorship if you become incapacitated.
• You should fully understand what you are signing and the potential dangers of giving your rights to the agent.
• You should sign the Power of Attorney in front of a Notary with two witnesses. The Notary can be one of your witnesses.
• In order for your agent to use the Power of Attorney when you become incapacitated and cannot act on your own, it needs to be filed or recorded with the Register of Deeds.
• To revoke or end a Power of Attorney, you should file a written revocation with the Register of Deeds and tell your agent you ended their appointment.
• The Durable Power of Attorney dies when you die.

Considerations for Advance Planning Documents

• You need to plan for end-of-life issues early.
• You should discuss your wishes with your trusted loved ones so everyone understands what your wishes are.
• You should review your advance care planning documents anytime you have a major life change (such as a divorce or death of a spouse) to make sure you do not need to make any changes.
• Be sure that you completely trust that your agent will honor your wishes and understand the responsibilities of their position.
• Remember that these are your wishes and not what anyone else wants.
• Keep your documents in a safe place and make sure that your agent knows where they are located.
• Consult with an attorney before signing any of these documents.