ADVANCE DIRECTIVES

     Most of us associate estate planning with death. However, another important element of such planning is the use of lifetime protection devices. Consider Martha’s situation.

     Martha is 70 and recently widowed. She has no children but has a younger sister, Kate, who is very close and dear to her. Martha has no one that can handle her affairs if she becomes ill. She is having a difficult time adjusting to her husband’s death and her health is declining. She has done no estate planning nor has she taken any precautions for lifetime incapacity.

     Martha has a stroke and is hospitalized for an extended period of time. Her doctor feels she needs certain treatment to improve her recovery but she is not competent to give her consent. Although she is Martha’s closest living relative, Kate has no authority to consent on her sister’s behalf. Without the treatment, Martha eventually lapses into a coma. Her medicare insurance does not cover all of her medical expenses and she has no supplemental or long term care coverage. In addition, Martha’s other bills keep coming and no one is authorized to sign on her bank account. Kate has taken it upon herself to pay them out of her personal funds but her own well is running dry.

     As Martha’s condition continues to deteriorate, Martha is put on life support to sustain her. Kate visits daily, watching her sister slowly fade away and asks the doctor about her prognosis. He expresses little hope of recovery and essentially advises Kate that the machinery is the only thing keeping Martha alive. Kate is literally watching Martha die a slow and prolonged death. After many months, during which time the bills keep piling up, Kate asks the doctor to disconnect the life support. He refuses because Martha has no Living Will. Even if Kate could get to Martha’s assets, they are all but depleted by hospital costs. Kate is helpless to stop the medical costs from mounting or to prevent Martha from languishing on life support for an unknown length of time.

     How could such a result be avoided? Had Martha executed lifetime advance directives, including a Durable Power of Attorney, Designation of Health Care Surrogate and Living Will, the obstacles facing Kate could have been eliminated.

     Martha could have named Kate to act as her Attorney in Fact in a Durable Power of Attorney giving her the authority to handle her financial affairs, including signing checks to pay her bills. In addition, had Martha named Kate as her Health Care Surrogate, Kate could have consented to medical treatment that could have improved Martha’s condition. At such time as Martha’s condition was terminal, Kate could have required the doctor to remove her from life support and let Martha pass away with dignity.

     By simply executing these three essential documents, Martha would have made it possible for Kate to carry out her sister’s wishes and avoid emotional and financial devastation.

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