Posts Tagged ‘Medical Directive’

Why do I need an ‘Advanced Directive’?

Sunday, November 1st, 2009

I hear this question a lot. Along with the question ‘What happens to my basic directive when I get an advanced directive?’ or “I didn’t even know I had a basic directive!” Even I had some trouble with the terminology when I first heard it (before I became a lawyer). Then I looked more closely.

It isn’t an ‘advanced’ directive, it is an ‘advance’ directive. That’s right, ‘advance’ as in ‘before’. And just like you plan what to pack in advance of your vacation, you should plan what sorts of medical treatment you would want before you need it. After all, there is a good chance that when the time comes, you won’t be able to tell people yourself.

If you are on life support, you won’t be able to tell the doctor whether or not you want to be kept alive with machines doing all the work. You won’t be able to tell the doctor whether or not you want to be fed through a feeding tube when there is no chance of you ever waking up. And you won’t be able to tell the doctor that you want pain killers, even if that means that you might die a little sooner.

That’s what the ‘advance directive’ is all about.

Remember that case in Florida where the woman’s husband and her parents went to court fighting over whether or not she should be kept alive by mechanical means, even after her brain function had totally stopped? The people who loved her the most spent a lot of time (and a lot of money) fighting over what she would have wanted.

It would have been much easier on everyone if she had written an ‘advance directive’ to let people know what she really wanted.

It’s a nice thing to do for our loved ones. If we are in the position to need this directive, the people we love are probably already in a very emotional state. And that’s not a good time to have to make these decisions.

It is much better to make these decisions before the time comes. In Advance of when the decision is needed.

That way, you can be sure that everyone understands your wishes. There is no problem with how one person thought you might want to proceed, because you are telling them what you want. You are making sure that your wishes are heard.

Yes, I think everyone should have an advance directive to tell the people we love how we want them to proceed. It is so much easier for them to follow our wishes when we have taken the time and effort to make sure those wishes are in writing.

Things are changing.

Saturday, October 31st, 2009

I love the start of a new school year!

When I was growing up, the start of a new school year was when things changed. I got a new teacher, got new clothes, got new school supplies, moved into a new grade and often found new friends.

That’s why I suggest this time of year to review your estate planning needs.

If you already have an estate plan (with the appropriate medical directives, powers of attorney, will and perhaps a trust), this is the time when you should take a few minutes and think about what changes have occurred since you last considered the plan.

Do you have a new spouse? (or are you now unmarried?) Do you have new children/grandchildren? Have your children left the home for lives of their own? Have you purchased a new home? Have you moved to another locality? Have you purchased or sold any items that should be considered in your gifting scheme? Have you changed jobs?

If any of these have occurred, you should consider a review of your estate plan.

Also, even if none of these changes have occurred, you should consider a review of your plan if it has been at least 3 years since your plan was established. Why? Because laws change and you want to make sure that your plan is taking advantage of the newest legal rules.

At Kristina Beavers, Attorney at Law, we will be happy to review your existing estate plan to make sure it fits your needs today. Call us today at 757-234-4650 to schedule this review!