What happens to those unable to make health care decisions?
Living wills and health care directives can protect individuals should they become incapacitated.
March 13, 2013
What happens to those unable to make health care decisions?Article provided by Gemma Law Office, P.C.
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It can be very difficult for a person to think about making an estate plan. Dealing with what happens after passing away can lead some to feel that their time is almost over. They may think that they do not have enough assets to pass down, and believe that an estate plan is not necessary for their situation.
However, each person will have different wishes for what happens at the end of his or her life. Without having a comprehensive plan in place, family members are often left to guess what a person may have wanted. If property is left behind without a will, it will be distributed according to Massachusetts law, which could mean that some people are excluded from the process.
Wills, trusts and other documents are an essential part of any estate plan. Frequently, many people often draft living wills as well. A living will, or health care proxy, clearly communicates an individual's wishes concerning health care that he or she should receive if incapacitated. This can include preferences that physicians do not use extraordinary measures to keep an individual alive. Additionally, many people will also create financial powers of attorney documents, which allow designated persons access to the incapacitated individual's finances.
Families struggle with making these decisions when one of their loved ones suffers an injury or illness. These documents allow the family to clearly understand the types of care that should be administered, and can help resolve any in-fighting that may arise.
In some situations, an individual may suffer from a long illness, such as Alzheimer's disease. This means that the person's condition is slowly deteriorating, and will never improve. As the conditions worsen, these individuals are unable to make their own decisions regarding finances. Knowing that this is coming, many people with these types of illnesses will create trusts to ensure that they are provided for at this difficult time.
If the person has no estate plan in place, it may cause problems for loved ones should emergencies arise. Often, family members will need to petition to be appointed as the incapacitated person's guardian, which can mean that valuable time is being lost as the petition goes through the process. Once approved, that individual will be able to make health care and financial decisions for the injured individual.
If you have questions about health care proxies or other documents, speak to an experienced estate planning attorney about your concerns. It is important that you create a plan that meets your needs, to ensure that your final wishes are carried out. Failing to plan for this part of the future can cause your family needless grief, and may result in financial resources being significantly diminished.