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Everyone should have a durable
power of attorney—a
legal instrument that tells adults who may have to step in on your behalf
what you want. Powers of Attorney are needed for the unexpected—accidents,
life threatening illnesses, paralyzing strokes and weird events that occur
in society that no one wants to happen to them and their loved ones. But,
they do happen, and they happen every day.
Consider the
news in my morning paper— it’s a heartbreaking story of a young mother who
went to the hospital to give birth to her second son. Normally, a joyous
event for family and friends. This turned into a family feud.
The mother
experienced an extremely rare blood problem at the birth and went into a
coma after the doctors pumped over three times her normal blood amount into
her via transfusions. The woman went from critical to a vegetative state in
a fairly short period of time.
Enter the
family. The husband was in shock. They had been married less than a year.
He kept praying for a miracle and wanted to keep her alive. Her sisters
wanted to pull the plugs and cease tube-feeding her. Eventually the court
was involved. The woman was only 40 years old. She died after 8
months of being kept alive.
What Should You
Do?
First of
all, determine who you truly trust, someone who will act as your “voice” in
an emergency—a backup if you can’t function, are in an accident or become
very ill suddenly. This person can be your spouse, friend, adult child, or
a parent. Talk to them about the unexpected. What do you want done to
maintain your life? Do everything possible, no expense spared? Pull all
the plugs if your medical team declares you in a vegetative state?
Somewhere in between? What?
I promise
you, they won’t relish your discussion, but it’s one that you will never
regret initiating. Tell them what you want done if you become incapacitated
in any way. If they are willing, give them your power of attorney now. In
writing. Your age doesn’t matter—everyone needs this backup.
Health Care
For health
care, you need a special form. It will vary from state to state. You can
drop by any hospital and pick up a healthcare durable power of attorney
packet that’s right for your state. Or you can write to Choice in Dying,
200 Varick Street, 10th floor, New York, NY 10014-4810 or call 800-989-9455
for a packet for your state to be sent to you. It’s free. The website is
choices.org.
It’s a good
idea to name two stand-ins for you, one may not be around if any accident
occurs and a critical decision has to be made. It can be a family or
non-family member (and sometimes it’s a smart thing to have a non-member
involved—when tragedy strikes, emotions ride high.
To avoid any
inaction or delay, either one should be able to act alone on your behalf.
A living
will should also be completed. It expresses what medical treatments you
want (and don’t want) in case of a life-threatening emergency. You can find
information online, pick up forms in a stationary story, and hire an
attorney to draw one up, even buy a book to help you out. If married or
have a partner, he or she should do the same.
Make sure
your personal physician, spouse and family members know what your druthers
are. Give a copy to each of your signed documents and any time you make
changes, update copies to them as well.
If you
aren’t sure what you want done if you become incapacitated, you can create a
springing power of attorney. It only comes to life if you become
disabled and can’t act for yourself. Your springing power of attorney will
define what that means. It will read something like this:
I shall be deemed disabled when
two physicians licensed to practice medicine in my state sign a document
stating that I am disabled and unable to handle my personal affairs. If
this happens, _________, my spouse, will handle my affairs. When two
physicians licensed to practice medicine in my state sign a document stating
that I am able to handle my affairs again, ___________ (name you used to
handle your affairs) will no longer serve as my power of attorney.
A durable
power of attorney is really another form of insurance and should be reviewed
every four to five years. If you decide that you want to change it,
including the person who would act on your behalf, inform them, both
verbally and in writing. Destroy whatever copies you had made previously and
substitute new ones.
Your
Money $mart Tip
Hospitals
routinely request that you complete a durable power of attorney if you are
admitted. This is one of the records that you want to review annually to
make sure it says exactly what your intent is.
# # #
© 2001-2005 The Briles Group, Inc. All
Rights Reserved.
Dr. Judith Briles is a Denver based award winning author, keynote speaker
and consultant. Her books, The Confidence Factor, Woman to Woman 2000:
Becoming Sabotage Savvy in the New Millennium, Money Smarts and
Zapping Conflict in the Workplace have all won business awards. Dr.
Briles website is www.Briles.com
and blog at
http://DrJBriles.blogspot.com. She can be reached at 800-594-0800
or e-mailed at Judith@Briles.com.
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