The Difficult Conversation around Living Wills (EP.5 Show Notes)

In Episode 5 and our Part 2 of our Advanced Healthcare Directive Podcast Series, we discussed the tough topic of living wills and the role they may play in an estate plan. The following is a brief outline of what we discussed.

DOCUMENTS

Living Wills

In the event that you are declared incapacitated and have a terminal condition or end-stage condition or are in a persistent vegetative state AND your primary physician and another consulting physician determine that there is no reasonable medical probability of your recovery from said condition, a living will directs that the life-prolonging procedures be withheld or withdrawn.

A living will is a powerful document that you should consider executing only after you are fully aware of the results that come from it. For many, a living will can ease their mind in knowing that, if it ever comes to it, they have relieved their loved ones from a very tough decision. Others may find the thought difficult to cope with and would prefer that their loved ones make that decision for them. Either way, whether a client decides to draft a living will is completely up to them. However, a client should be fully informed all the tools they have at their disposal when drafting their estate plan.

HIPAA Release Form

In short, a HIPAA release form allows you to designate an individual who you trust to receive confidential medical information from your healthcare providers. An individual you designate in this form can request and will be provided access to your medical records and healthcare information. This is an important tool for individuals who foresee medical intervention and require that a family member or friend have access to their medical information. A HIPAA release form does NOT, however, provide that individual with the power to make medical decisions on your behalf. For that, the principal would have to designate a healthcare surrogate or their physician designate a healthcare proxy in their stead.

Uniform Donor Form

A uniform donor form is simple in concept. You can use this form to designate whether you would like to donate your organs after you have been declared deceased. You can use a uniform donor card to stipulate your wishes in a smaller form factor that can be carried with you.

APPLICATION

When should you re-examine your healthcare documents?

According to the ABA, you should re-examine your healthcare wishes and needs whenever any of the "Five D's" occur.

1. Decade (When you start each new decade of your life.)

2. Death (When you experience a death of a loved one.)

3. Divorce

4. Diagnosis (When you are diagnosed with a serious health condition.)

5. Decline (When you experience a significant decline or deterioration of an existing health condition.)

What to do with your healthcare documents?

1. You should always keep the original and place the documents in a place that can easily be found.

2. Give your healthcare surrogate and other parties listed on your healthcare documents a copy and make sure your surrogate knows where to find a copy.

3. Give your doctor a copy of your directive.

4. Make sure it is put in your medical record.

5. Carry an advanced healthcare directive in your wallet.

6. Take a copy with you when entering a hospital or nursing home.

7. Some organizations offer to register advanced directives electronically and enable healthcare institutions access to them.

INSTAGRAM CHALLENGE (JUNE 15,2020)

How well does your family, proxy, or doctor know your healthcare wishes?

This short test can give you some sense on how well you have communicated your wishes to them.

Link: https://www.americanbar.org/content/dam/aba/administrative/law_aging/tool7.pdf

Resources:

ABA Tool Kit for Health Care Advance Planning

https://www.americanbar.org/groups/law_aging/resources/health_care_decision_making/consumer_s_toolkit_for_health_care_advance_planning/