In the News: What Does it Mean to Have a Health Care Directive?

August 17, 2009

There seems to be a lot of fear around President Obama’s proposed healthcare reforms, most of that fear centering on the end-of-life planning included in the proposal. As a firm that deals with elder law issues, it is important to us that our clients be informed about their health care and choices. As we regularly counsel clients (elderly or not) about the wisdom of including end-of-life planning in their health care directive, we feel it’s in your (and our) best interest to clear up a few details about exactly what that planning entails.

One of the fears currently sweeping the nation is that the current administration’s healthcare reforms are about euthanasia; or denying someone lifesaving medical treatment simply because they are elderly. Republican Senator Johnny Isakson explains in this article in the Washington Post that this is simply not true. Rather, Senator Isakson explains, thinking about your end-of-life healthcare options, talking about them with your doctor and family, and including them in your health care directive is responsible. It is about controlling your own destiny in your final days; whether that means you choose to forgo invasive procedures, or want every heroic measure taken—the decision is yours. But there is no way for your family or your doctor to know what your wishes are unless you’ve had the conversation and specified those wishes in your written health care directive.

Our firm has no political agenda in creating this Blog. We know that there is certainly much debate to be had about the pros and cons of the proposed health care reforms, but as regards end-of-life decisions and health care directives, we hope we have been able to clear up some confusion and ease your mind. If you still have questions about what it means to have a health care directive please don’t hesitate to call our office.

A Living Will Is Good For You, Good For The Country

August 7, 2009

President Obama’s pet project of health care reform seems to have a lot of people worried. His talk of living wills encouraging people to specify their end-of-life wishes in particular are the topics bandied about most often in tense (or downright frightened) conversations. Some people seem to think that the very act of specifying your wishes in a living will is going to put you on the Do Not Resuscitate list. We’re here to tell you that nothing could be further from the truth.

In fact, creating a living will is a smart idea, one that can save no small amount of expense, suffering and confusion on the part of your family and your medical care providers, and we aren’t the only ones who think so. Robert Powell of The Wall Street Journal’s MarketWatch agrees with us, and has written an excellent article answering the frequently asked questions about living wills, explaining the differences between a living will and a health care directive, and outlining why each and every adult should have one of these documents.

If you still aren’t convinced you should have a document specifying your wishes for end-of-life treatment, talk to any friend or acquaintance who has been through this final act of love in supporting a family member at end of life. When you are ready, we can help you execute the documents you need to get the care you want when you aren’t able to care for yourself. A living will or health care directive is a standard document in any estate plan, so if you’ve been considering creating an estate plan this may be a good time to take the plunge. Apparently executing a living will or health care directive is no longer beneficial only to you and your family; it’s also good for your country.

Don’t Let Hospital Procedures Leave You In The Dark

May 19, 2009

If you or a loved one has spent any time in hospitals recently then you know that they operate under strict rules regarding privacy; rules that, according to this post by Tara Parker-Pope, can seem difficult or unfair. These rules prevent hospital staff from sharing information about patients (even with extended family members), and in some cases even prevent the staff from allowing visitors.  All of this can be frustrating to say the least when you’re crazy with worry about your loved one.

There is a way around the strict privacy laws, a way that is fool-proof and perfectly legal—and it’s something our firm can help you with.  A comprehensive Health Care Directive and a signed HIPAA Authorization are your tickets to a cooperative relationship with the hospital staff. But these documents, these “tickets”, require forethought and planning before you end up in the hospital.

An estate plan created with our office includes not only financial documents, but also any documents you’ll need to ensure that your wishes for medical care are followed. Don’t wait until the last minute.  You never know what fate may have in store, and your procrastination can result in your loved one being left frightened and in the dark.

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