Being named as someone's health care proxy may sound easy to most people. How many times do you really have to decide for someone else? Your name is put on someone's form -- but you never think you will actually have to decide if someone lives or dies or even how they live or die. Then add the responsibility of power of attorney. Now you are doubly responsible for making sure all goes well for that person -- their health, their finances, their being.
The Family Health Care Decisions Act has failed to gain passage in New York State every year since it was first introduced, but its fate may change this year. On the 16th try, the Senate last week passed the proposed measure that would allow family members to act as decision-makers for young and old patients who lose the capacity to direct their own care.
Since you are reading The Daily Record, I will presume that you are probably one of the more responsible people in your family. You plan ahead. You already completed a Health Care Proxy. You have discussed or written your preferences for end of life treatment with your family. So, you won't need a randomly selected surrogate from your family to make decisions for you if you suddenly find yourself unconscious in the hospital. No, the Family Health Care Decisions Act (FHCDA) is not designed for you. It is designed for your brother Butch who moved to Arizona years ago to live with his third wife and became a devoted Jehovah's Witness.
BOSTON, June 7 /U.S. Newswire/ -- News stories this spring prompted many people to think about, if not actually prepare, living wills or health care proxies. These documents give you the chance to explain what medical treatments you would and wouldn't want in certain situations or to name someone to make these decisions for you, should you be physically or mentally unable to do so. The June issue of the Harvard Health Letter explains these documents and also gives readers practical advice on how to complete a living will or health care proxy. It can be hard to think about what you'd want in specific situations because of all the variables involved, the Harvard Health Letter notes. No amount of detail will cover every situation. So instead, focus on your goals for your end-of-life care. ...
... to discuss and plan for their own health care decisions in the event that they become seriously ... may not fully understand the health care proxy form or what it means to designate a health care a...
Who knew the death of "Diff'rent Strokes" child actor Gary Coleman would illustrate so perfectly some of the many things that can go wrong with estate planning? The case had all the elements for a drama: A will that hadn't been updated, leaving everything to a mystery ex-girlfriend; a health care proxy that hadn't been updated, leaving his embattled ex-wife in charge of whether he lived or died; and enough loose ends to keep everyone fighting for ages.
A comprehensive estate plan will also provide for the ongoing care of the animal should the owner lose the capacity to handle his own affairs, whether due to physical or mental illness. The health care proxy, which is a document naming someone to make health care decisions for the owner, and the durable power of attorney which is a document naming someone to make financial decisions for the owner, should contain special provisions acknowledging the animal and providing for the animal's ongoing care.
WASHINGTON - Many baby boomers don't have end-of-life legal documents such as a living will - and some say it's because they feel healthy and young in their middle-age years and don't dwell on death. An Associated Press-LifeGoesStrong.com poll found that 64 percent of boomers - those born between 1946 and 1964 - say they don't have a health care proxy or living will. Those documents guide medical decisions should a patient be unable to communicate with doctors.
The Nassau County Supreme Court recently was asked to resolve ambiguous directions contained in a man's statutory health care proxy after a controversy arose between the man's wife -- his appointed health care agent -- and his siblings. See S.I. vs. R.S. (Matter of S.S.), 24 Misc.3d 567 (Sup. Ct. Nassau County 2009). When a family member has not clearly expressed wishes in writing regarding end-of-life health care issues, it is easy to understand how a legal battle between family members might arise. Who can forget the highly-publicized case between Terri Schiavo's husband and her parents over whether to remove her feeding tube? In all, the Schiavo matter involved 14 appeals and numerous motions, petitions and hearings in the Florida courts; five suits in federal district court; Florida...
[Wynne A Whitman]: People always have the feeling "I'm too young to need an estate plan" or "That's not going to happen to me." I think we all need to come to terms with the fact that death and taxes are the two things we can guarantee in life. It is much better to ... take the time and talk about it with your loved ones and decide what you want and implement that plan. If there is no power of attorney and the person is incapacitated-let's say they are hurt in a car accident and in a persistent vegetative state-the family would likely have to go to court to have someone appointed as the legal guardian. The first thing is to consult with someone who is an expert in the field of estate planning and make sure you have the power of attorney and health care documents, which are a advanced d...
...It is also important to have a health care proxy to name someone to be your health care representat...
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