Many people were shocked to learn that legendary comic Joan Rivers had suffered cardiac arrest during a medical procedure and fell incapacitated. According to Communities Digital News, the 82-year-old had previously appointed her daughter, Melissa, as her health care power of attorney. Melissa Rivers made the difficult decision to end her Joan’s life support in accordance with her mother’s wishes.
Many people in Illinois focus on what happens when they die, but some may fail to consider their options should they become incapacitated. Tending to the matter is an important part of planning an estate.
Addressing health issues
There are two key items that people should put in place when taking their health into account: a durable power of attorney and a living will. A power of attorney assigned for health care will be able to do the following:
- Hire or fire personal medical staff
- Make choices regarding which medical facility the patient should attend
- Consent to or refuse medical treatment
- Access medical records
- Secure a court authorization if a physician will not honor a living will
The living will enables people to enumerate wishes for their health care needs should they become incapacitated. This includes medication, cardiopulmonary resuscitation, surgery and blood transfusions. Many people find these documents useful in the event that a loved one is in a situation where a decision regarding life-prolonging treatment must be made.
How it works
The designated power of attorney and the living will go into effect when a physician deems that the patient lacks the ability to make decisions regarding health care. This typically occurs when someone cannot communicate in orally, through gestures or in writing, or it can occur when a person cannot understand the available options.
According to the American Bar Association, a key part of estate planning is choosing the right person for medical power of attorney. The association suggests appointing someone whom patients can trust and who can handle the possibility of conflicting views from family members. Additionally, the ABA recommends that the person should be someone who lives nearby and can travel should the patient’s treatment requires it.
Things to consider
Through the Health Care Surrogate Act, certain family members will be chosen as a patient’s durable power of attorney if one has not been designated. There is an order to how that person is selected, starting with the patient’s guardian or spouse. From there, a court may appoint an adult child, parent, adult sibling or even a grandchild or close friend. People who want to ensure their wishes are kept should consult with an attorney.
Should you have any questions about an estate plan, or would like to schedule a free initial consultation, please contact Waltz, Palmer & Dawson, LLC at (847)253-8800 or contact us online.
Waltz, Palmer & Dawson, LLC is a full-service law firm with various areas of service to assist your business, including: Employment Law, Intellectual Property, Commercial Real Estate, Litigation and general Business Law services. Individual services include Estate Planning, Wills and Trusts, Probate, Guardianship, Divorce and Family Law.
This article constitutes attorney advertising. The material is for informational purposes only and does not constitute legal advice.