Living wills
Most Americans have not documented the type of medical care they would want if they became incapacitated and unable to speak
for themselves. So families may have to grapple privately with the same kinds of issues that ignited the public controversy
over the fate of Terri Schiavo. The best way to ensure that you get the care you want is to prepare documents spelling out
your wishes and naming someone to carry out your instructions. Here’s what to do:
Write a living will and name a health-care proxy. The living will expresses your wishes about the life-sustaining treatment you would or would not want. A health-care power
of attorney or proxy authorizes a relative or friend to make decisions about your care. A durable power of attorney appoints
someone to handle your financial affairs if you become incapacitated.
Useful resources for preparing those documents include Five Wishes, a form from Aging With Dignity, a national nonprofit
group in Tallahassee, Fla. ($5; www.agingwithdignity.org), and the American Bar Association’s free workbook “Tool Kit for Health Care Advance Planning” (www.abanet.org/aging/toolkit/home).
Cover access to records. Privacy provisions of the Health Insurance Portability and Accountability Act (HIPAA) may prevent those named in your power
of attorney and living will from receiving medical information. To avoid that, add a clause to your power of attorney and
living will stating that your agent has authority to receive information under HIPAA.
Keep documents easily accessible. Have your doctor include a copy in your medical chart. Give copies to those you name in the powers of attorney. If you revoke
or change your living will, destroy the earlier version. You can also keep copies online. The U.S. Living Will Registry (www.uslivingwillregistry.com) will store it at no charge.
Get help. If you need legal assistance and cannot afford it or do not know where to find it, contact this Web-based clearinghouse of
information at www.katrinalegalaid.org.
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