Our Situation
This topic is a challenge to discuss in so many ways. Many people are uncomfortable planning for their own death or long-term care. In addition, this topic requires us to strike a balance between our desire to share our experience so that others may find helpful information, and both personal and legal needs for privacy. In this post we will attempt to explain our situation and what we have looked into to remedy the issues involved.
Diana has a last will and testament in place, however that does not function as a living will. The distinction being that “while a last will directs the distribution of assets after a person’s death, a living will gives directions regarding the medical care of someone who is still alive although unable to communicate her wishes herself” (Legal Zoom). We had pursued a medical power of attorney, however Diana had not completed the process before her trip. “A medical power of attorney, also called a durable power of attorney for health care, is one type of the legal forms called advance directives. It lets you name the person you want to make treatment decisions for you if you can’t speak or decide for yourself. The person you choose is called your health care agent” (Kaiser Permanente). We absolutely recommend having a medical power of attorney and/or a living will in place, especially prior to a trip taken by any person with health issues. The legal framework for medical decision-makers does not cover the financial, and legal aspects of the issues you may run into otherwise.
Continue reading “Issues Defining a Medical/Legal Decision-Maker when no Living Will or Medical Power of Attorney Exists”