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Protecting
Your Body and Your Peace of Mind
All about what you have to know to protect
yourself in case you become incapacitated. Making a "Living
Will"
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Becoming physically or mentally
incapacitated is something that can happen to
anyone. Statistically, it is more likely to happen when
you get older. As you are going towards retirement or are
already retired, it would be a good idea to give it some
thought. It is not about being morbid or paranoid. It is
more a reasonable precaution that should ensure you will
be looked after if you become incapacitated. That is why
we call it
Protecting Your Body and Your Peace
of Mind
The
Questions you have to ask Yourself
Who will decide ‘what’
for you and your body if you are not in a position to
express yourself?
Who has the right to decide for you?
Your spouse, children, a friend or your
doctor?
Do you want to be kept alive on a respirator?
If so, for how long and under what
conditions?
Would you want to continue your life in an
unconscious state?
Who will decide whether a coma is
temporary or permanent?
Who will pay for your medical care, your
insurance, the state or your family?
Who will decide who pays?
These may be painful questions but they are no less
important for being so. There may come a time when you
cannot decide for yourself how to answer these questions.
Therefore, you must think about
these things while your are healthy and in sound mind.
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Some Issues You have to Deal with
You could appoint a medical
surrogate, either a family member, a friend
or a doctor. But, in many states this is a temporary
measure covering only a specific illness or hospital
visit.
There is no clear mandate for regulating medical
surrogates. Only a few states regulate this
area. If you, the patient has not appointed one before
you are ill or incapacitated a probate court must appoint
one for you.
This appoint ment comes at a time, where the judge does
not know the patient or his/her wishes. The judge can
only rule on what "appears" to be fair. This may
not be what you want. It may also take
time and delay important medical care, which will not be
in your best interest.
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A more permanent
solution is a durable power
of attorney for health care. For
this you must anticipate the worst case scenarios
involving your health and potential illnesses or
accidents. Then you must think about what you
would want in these circumstances and put
it in writing.
It is important for you to know what laws
your state has regarding protection of
the seriously disabled and incapacitate.
It may be important for you to appoint a friend
or a relative as "attorney in fact" to
act in your interests, not theirs in case your
are incapacitated. They will need to know your
wishes, which as mentioned above should be put in
writing. These will cover your life
choices.
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For example, you may want to prolong life in case of
unconsciousness or total paralysis or, you may NOT
want to prolong life.
You may want to issue Do Not Resuscitate
Orders if "xyz" occurs.
You may want to specify what kind of narcotic pain relief
you want and under what circumstances.
You may want to give instructions regarding organ
donation after your death. You can decide which
organs to donate and for what purpose: transplant,
research, education etc.
The best way to ensure your wishes are
meet is to write them down, now,
not later. Then, find out how your state regulates
medical care in these circumstances, proceed accordingly
with the necessary legal forms and documents. Make sure
you give someone power of attorney
who is responsible and about whom you
are 100% sure will have your wishes and best interests at
heart.
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You can
go and see a lawyer and discuss the issues with
him/her. A friend may also be of help. Provided
the person is linked to you in a true
friendship, not some temporary friend,
who suddenly disappears! So be careful in
your choice. There may also be a need to
have a second back up person (the person you
appointed could for instance himself be
incapacitated while performing his duty for
you!). |
Probably the more you
think about it, the better your choice. Below are
some reading suggestions that might help you, or
at the very least set you on the right path!
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There are many other books
available related to issues of creating a "Living
Will" or giving "Power of
Attorney". The above are just a selection which
we found particularly useful and not too technical, to
get boring!
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