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Edited on Sun Apr-27-08 04:52 PM by qijackie
From my personal experience - being a 24/7 caretaker for my mother who has had many emergencies - I am her Power of Attorney for health and for financial decisions, I am her trustee on her house, I am the one who makes sure all legal documents are current and so on -
Much depends on how old you are and your state of health (sorry to be obvious) and you MUST review the documents every year or so. Also, keep in mind that a family member can create a horrible mess if they decide you are going to be saved after all and if they take a stand and threaten to sue and so on..... regardless of any papers, done with a lawyer or not. But it is true that your odds are better if your documents are properly drawn up AND if your closest relatives agree with your decision. Once you plow through all this stuff the first time, reviews & changes really aren't that bad.
First, you need a Durable Power of Attorney for Healthcare Decisions - whatever the title is in your state. You need to choose a person that you trust to best carry out your wishes to be your representative on this document. You need one or two back-ups in case the named first rep cannot or will not serve when the time comes. Copies should be given to all doctors you are involved with and all hospitals you are involved with. However, they tend to lose them or ignore them so you should have several copies in an envelope that always travels with you when/if you go to ER or if you are admitted to a hospital. Then your rep can hand them out to anyone who needs them. Believe me, you will need lots of copies.
You also need to review the provisions in this document and think "outside the boilerplate" so to speak. It rarely covers things like do you want your limbs amputated if you are 90 years old? This came up for me this year due to surgery on my mom's leg for circulation. Well, as it turns out, often old people don't have whatever it takes to get through leg bypass surgery successfully and so legs get lopped off fairly routinely. Her surgeon said that most people choose amputation when push comes to shove. OK - maybe they do. But my mom didn't - so I had to make this very clear to her surgeon - no cutting. To say nothing of the fact that she has dementia so without legs she would just be a lump til she died. So also think about your possible mental state....if you have dementia, do you really want to lay around without your cognitive faculties and without your limbs? So think about things like that and add some of your own provisions to the document.
You also need a DNR - this is a Do Not Resuscitate order - this is for two primary areas.... the EMT team if 911 or something similar is involved. If you are old and frail, you definitely want one and you want it in the container (see the Vial of Life) on your fridge. You also want it with your medications and anywhere else the EMT team might look for info on you. This means if you are having an attack of some sort, they are NOT to do CPR on you or do anything else that will "bring you back" if you have stopped breathing for any reason. Especially if you are old, you need to think about this carefully because usually when an EMT team does CPR or heart massage on an old person, they break the ribs. Then the old person gets to be in agony and die later. But the EMT teams have no choice....they MUST try to save your butt if they can UNLESS a DNR is there in their faces. In the hospital, if a crisis occurs (the old code blue thing) and you don't want them to save you, you'd best make sure there is a DNR filed AND someone has to make sure the surgeons and OR team know about it. Or they will do what they do best which is save you so you don't die on the table (surgeons hate that) but die later in a more horrible way.
The format of a DNR is often different in different states because some want a physician to sign and some a notary and some only a signature. However, having anything with your signature is better than having nothing!! It isn't a doctor's decision - it is yours - unless you are not able to indicate your wishes and you don't have a DNR, then it is up to whoever is there at the time. The first thing you do with a DNR is make a ton of copies once again. I read about a woman who had Do Not Resuscitate tattooed on her chest but it was ruled invalid - so don't assume anything!!! Again put the original away and put a bunch of copies in "the" envelope and your rep will have it there when needed.
Additionally, if you want to be really ahead, you will write a letter explaining your current feelings on things and keep it with your stuff for your rep.
You also need to be informed regarding Medicare - I assume you will be getting Soc Sec at some age and that you will be signing up for Medicare at age 65 (regardless of when you take Soc Sec). What they do and do not pay for is insidious - learn the basic rules and you will be ahead. Of course you know this for your usual medical insurance, but you need to learn the Medicare world as well, preferably before you need it.
That's about all you can do for your medical world interactions. But your most important thing to have is someone in your corner who will take the time and trouble to talk to the doctors and fight for good (and appropriate) care for you. Basically, care is pretty bad now in the US and it won't get better. Not enough nurses or CNAs, not enough beds in the hospitals or nursing facilities. And so on.
The other thing you need to think carefully about (besides your will and general estate planning...oh, what a pain) is arranging for someone to have your Financial Power of Attorney - at a minimum it should go into effect if you are incapicated...that is, unable to carry out financial transactions yourself. It can be limited, it can be unlimited, it can be for a short time, it can be for a long time....whatever. Usually the lawyer's boilerplate for this is not good enough although we all think it is....but it isn't. Plus, some financial institutions only accept their own signed paperwork...ask your bank or whatever other financial institutions with which you do business. It really is endless!!! But you don't have to tackle all the issues at once - pick one, like the medical thing, do it and then move on to the next thing. I think I have an extremely comprehensive Financial Power of Attorney for my mom with many provisions I had my lawyer add to their standard document. But I have no doubt someone somewhere could cause trouble if they wanted to do so.
Finally, re lawyers.... you can actually do all this stuff yourself and make sure all documents are properly notarized. But it really is a pain. Or you can pay a lawyer to write the stuff up once you know what you want it to say. But I advise you to go to a lawyer who is genuinely well versed in Elder Law (the new thing). Better for them to know all about the whole thing, including medicaid in your state. If you are really really wealthy, I doubt you would be asking for this info on DU - so I assume you want to get the biggest bang for your bucks with a lawyer. And I found that most haven't a clue about the ins and outs of all the stuff we need to know and prepare for when aging in this country.
For myself, I want everything I can get that will try to ensure that no one saves me!!! I do not want the life my mom has even though she has excellent care. But I also realize it is easy to say when I'm doing ok - maybe when I am having a heart attack or whatever, I would want to live. Or, more frightening, I won't have enough marbles to decide.
Hey, I'm sorry if this went on and on and on but the topic is actually pretty complicated. As you know if you followed the absurd stuff that happened around the Schivo case. And this is just what I've learned dealing with my mom here in California. Remember.... There's a Million Stories in the Naked City (!!) and this is just one!
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