YOUR LIVING WILL AND DURABLE HEALTHCARE POWER OF ATTORNEY
A living will outlines your choices regarding end-of-life treatments and will come into play while you are still alive but unable to communicate healthcare decisions.
Similarly, a healthcare power of attorney's decision-making will only be active when you become incapacitated. The person you name as your durable healthcare power of attorney is typically a caregiver or family member who inspires the utmost trust.
General questions to consider when creating a living will may include:
Medications you are willing or unwilling to have administered to you
Permission for a feeding tube if you are unable to eat
Permission to be on life support and, if so, for how long
Accepting palliative care at the end of life
Having a do-not-resuscitate order or DNR
Your decision about being an organ donor
If you have both documents, a living will trumps your healthcare proxy.
Durable Financial Power of Attorney:
Much like a healthcare power of attorney, a financial power of attorney becomes active when you can no longer make financial decisions.
Your candidate should be highly trustworthy and financially stable.
While these documents represent the basics of an estate plan, your situation may require far more detail and nuanced expertise that an Elder Law attorney can provide if they do not also offer estate planning. Begin with a checklist, including:
A list of your assets and debts
Assembling important supporting documents
Choosing candidates for the executor (personal representative) and powers of attorney
Drafting an outline of estate planning documents as listed above
Talking with your family about your goals and wishes
This document is designed for general information only. The information presented in this document should not be construed to be formal legal or tax advice nor the formation of a lawyer/client relationship.
For more information on this and other topics, please contact Kevin via any of the channels listed below:
📧 kevin@kmckernan.com | 📞 718-317-5007