Provided by Nina Azwoir, First Vice President of Investments, Wintrust Wealth Management
What if I told you I can see you in the future: needing healthcare but unable to make the decisions necessary to attain it.
I have many friends who, for the life of them, refuse to talk about a dreaded day where they may become incapacitated—let alone give up decision-making to someone else.
Enough about my friends though, I will be the martyr for the sake of this story. Imagine I just got off of a delayed flight and managed to hustle my way through a foreign airport to get into a rental car. It has been a hectic and rainy morning. An impending meeting with a client and potential buyers of her business in an hour keeps me preoccupied making my plans for the day. I don’t realize I’m in danger until I’m already hit. Later, I find out that someone hydroplaned on the wet road and ran into me, rendering me unconscious. In an instant, this great advocate cannot advocate for anyone— let alone herself.
If I am unable to advocate for my own healthcare wishes due to an illness or injury, how can I be sure I get the care I want? Continuing this hypothetical, I am hospitalized and, much to my chagrin, they track down my ex-husband, because I never got around to updating my daughter as my healthcare proxy.
Luckily, I survive this catastrophe. However, what if my injuries had been serious enough to warrant my placement into a long-term rehabilitation care facility? My ex-husband certainly would not have had my best interests at heart when making this decision. In this scenario, I was safe, but a mentor of mine always said, “leave nothing to chance.”
A healthcare power of attorney, living will, and visitation directive can make life smoother for you and your loved ones. A healthcare power of attorney or healthcare proxy allows you to choose someone you trust to make healthcare decisions for you if you are not able. This document is especially important if the person you choose as your agent is not your legal spouse.
First, think of whom this person may be. Then, discuss your wishes with them so that they have solid direction and feel comfortable being your agent in an emergency situation.
Next, let it be known! Especially if your agent is not your spouse or family member, you do not want this to come as a surprise to them or your family while they are under duress.
Don’t worry if you have more than one person in mind as you will want a backup (otherwise known as a successor) should your primary appointed agent be unable to act in this role. In addition, don’t forget to list who can request and receive medical information about you from your healthcare providers.
The Importance of a Living Will
Whoever your trusted legal counsel may be, they will bring up the subject of a living will. A living will is as its name embodies a document of your will (choices) while you are alive so that your wishes are known even once you are unable to communicate them. Your living will could include instructions related to resuscitation, feeding or breathing tubes, and pain medication. It is crucial to make the decisions now to keep your future self safe.
My mother-in-law originally made a verbal decision that her son and daughter would make the choice together about what would happen to her if she were to be on life support. Her daughter said she would continue treatment and pray for a miracle, whereas her son said he would make the difficult decision to “pull the plug.”
When she saw the disagreement her children had in the present day, she realized that drafting a living will could put an end to their disagreement and hopefully not mar their relationship in the future.
After you make your decision and draft your “living will” document, you should share your wishes with loved ones to help release potential angst. It will also give you the opportunity to discuss your choices with anyone that may raise objections.
Don’t let other important documents slip through the cracks
. Visitation Directives: Who do you want as a visitor in your healthcare facility, and who do you prefer to stay away? I bet you didn’t know that you and your attorney can draft a visitation directive that puts in writing who can visit you and, if you are so inclined, add in who you prefer stays away. According to federal law, no hospital or long-term care facility can deny your wishes regarding who can visit you— this doesn’t mean you won’t encounter resistance, but a document like this can serve as the final say.
. Burial Instructions: Your burial is your last chance to have a say in your life, and you can create a document regarding who has the authority to give burial instructions on your behalf. Your attorney should check your state’s laws to define what documentation is appropriate.
Once you have your healthcare documents in order and feel great about your decisions, make sure that you have copies with you and leave a few with key people in case of an emergency. In today’s world, digital files will also suffice.
You can have control, but only if you take it now
The most important things left unattended will fail to serve you, so consider (and reconsider) your life circumstances and review your documents on a regular basis. Update them as needed. Keep your documents current so you can stay in control of your health, your wishes, and live your best life all the way through!
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