Clients frequently come to me to prepare their estate plans.
The central documents in that planning process are typically
wills and trusts. That being said, you also need to plan for the
possibility of becoming sick and being unable to make your
own medical decisions. As technology continues to advance,
the ability to keep people alive by using various life support
systems is also increasing. As a result of many well-publicized
“right to die” cases, states have made it possible for individuals
to give detailed instructions regarding the kind of medical
treatments they would like to receive should they become
terminally ill or fall into a permanently unconscious state.
These instructions fall under the general category of
“end-of-life care decision making.”
The Medical Power of Attorney
If an individual becomes incapacitated, it is important that
someone have the legal authority to communicate that person’s
wishes concerning medical treatment. Similar to a financial
power of attorney, a medical power of attorney allows an
individual to appoint someone else to act as their Agent.
The medical power of attorney is a document executed by a
competent person (the principal) giving another person (the Agent)
the authority to make health care decisions for the principal when
he/she is no longer capable of communicating such decisions.
The Medical power of attorney document deals with every
imaginable health care decision and not just the end
of life decisions.
In Pennsylvania, the Agent will sign the acknowledgement page
stating that they are now acting on the principal’s behalf.
Lastly, a medical power of attorney can be changed or revoked
at any time. It is important to review or update a medical
power of attorney when other estate planning documents
are being updated.
Living Wills
A living will explains the wishes of an individual in the event
they become incapacitated and there is no reasonable chance
of recovery. Whether it is your wish to remain on life support
or to abstain from life support, it is important to put your wishes
into writing. A living will, however, is not a substitute for a medical
power of attorney. It simply dictates the withdrawal of life
support in instances of terminal illness,
coma or a vegetative state.
For instance, a living will would come into effect if an individual
falls into an irreversible coma or a vegetative state. Additionally,
a living will specifies what types of treatment an individual wishes
to receive once they become incapacitated with no chance of
recovery. For example, the living will will request or decline
cardiac resuscitation, mechanical respiration, artificial nutrition,
blood products, and kidney dialysis, in such circumstances.
An agent can also be listed in a living will. Many times the agent
chosen for the medical power of attorney will also be the agent
listed in the living will. This agent will be able to give consent or
withhold consent regarding various types of care that were not
listed in the living will or in circumstances where the decisions
your made are unclear. As a result, it is important to clearly
convey what is to happen in the event you become incapacitated
with no chance of recovery. The agent would use their best
judgment as to when they feel it is time to release the living
will to the doctors.
Lastly, a living will can be changed or revoked at any time.
It is important to review or update a living will when other
estate planning documents are being updated.
Appointing an Agent
Since, the agent will have the authority to make medical
decisions in the event the principal is unable to make such
decisions for him/herself, the agent should be a trusted family
member or a close friend. Before executing a medical power
of attorney and a living will, the principal should talk to the person
whom he or she wants to name as the agent about the principal’s
wishes concerning medical decisions, especially
life-sustaining treatment.
Those interested in drawing up a medical power of attorney
and a living will should contact an attorney who is skilled
and experienced in elder law matters.
For more information regarding end-of-life care decision making
please contact Douglas L. Kaune, esquire at 610 933 8069
or email me at dkaune@utbf.com.
Unruh, Turner, Burke & Frees, P.C. is a full service law firm
which has three convenient office locations in Phoenixville,
West Chester and Malvern, Pennsylvania. The firm primarily
services clients in Chester, Montgomery, Delaware, Philadelphia,
Bucks and Berks Counties, but can represent clients
throughout Pennsylvania.
