Tag: Advance Directives

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Health Proxy

— Giving Voice to Those Unable to Speak

Choosing a healthcare proxy could be one of your most important decisions. As your medical decision-maker, they’ll be your voice if you become too sick or injured to speak for yourself. They tell the doctor whether to continue lifesaving treatment or whether to stop treatment. They know which family members you want visiting you and which you don’t. They know what you want because they’re someone you trust.

By Sharleen Lucas, RN

  • A health proxy holds the power of attorney to make health care decisions for you when you can’t because of illness or injury.
  • Choosing a health proxy is part of end-of-life paperwork called your advance directive.
  • The paperwork is simple but choosing the right person can be tricky.
  • You’ll want to pick someone you trust who’s up to the task.
  • People who complete health proxy and living will paperwork are three times more likely to have their end-of-life wishes followed.
  • Learn how to choose a proxy, discuss it with them, and make it legal.

Surprisingly, however, the best proxy may not be your partner or your adult child. Choosing the right person can be more complicated.

A health proxy is your voice

If you’re whisked to the hospital after a car accident, unconscious and traumatically injured, who will speak for you if you can’t talk? A health proxy is your health care agent who voices the type of medical treatment you want if you’re incapacitated, the legal term for being unable to manage your affairs because of sickness or injury.

Another name for a health proxy is a surrogate decision-maker. Your proxy has the power of attorney to make health care decisions for you. Those decisions may affect the hospital bill, but a health proxy can only make medical decisions, not financial ones.

How does it work?

Choosing a health proxy is part of an advanced care planning process. Advance directives are the legal advance care documents describing your wishes for end-of-life care. Part of the purpose of the paperwork is to name a health proxy.

Choosing one is a simple process but can be emotionally trying:

  • Choose someone you trust to make such decisions for you.
  • Talk with them about the role and your end-of-life wishes.
  • Sign the official paperwork together.
  • Give your medical team and loved ones a copy of the document.

How to pick the right person

Rules can vary between states, but generally, your proxy must be over 18, can’t be a part of your current medical team, and shouldn’t be someone who will receive an inheritance or other benefits after you die.

Otherwise, you can pick nearly anyone to be your health decision-maker. Your proxy can be a family member, a partner, a friend, a spiritual leader, a neighbor, a coworker…you get the idea. They don’t have to live close to you, but that can be helpful for some people.

First, think about the people you trust and those who know you best. Second, consider whether they’re up to the task.

Surprising to some, a partner, adult child, or parent may not be the best proxy for you. The task is too painful or daunting for some loved ones.

Your decision-maker will have to make tough decisions in the heat of a traumatic moment involving paramedics or hospital staff. They’ll have access to your medical records and will be the communicator between your doctor and loved ones. Deciphering medical language and asking questions requires someone bold to advocate for you. Who do you want to decide “when to pull the plug?”

It’s also wise to pick a second proxy in case your primary health agent is unavailable.

If you can’t think of the right person right away, you must complete the second part of your advance directives – your living will – and talk with your doctor. This document outlines what kind of medical care you want in certain circumstances that bring you near death. It’s different from the more common will that directs financial and asset decisions after you die.

If you don’t have a personal advocate, the living will champions your wishes.

If you have no one you trust and no close relative, a court may appoint a surrogate decision-maker for you.

With this powerful living will in hand, you are three times more likely to have your wishes followed, says emergency doctor Elizabeth Clayborne in her moving TEDx video.

Isn’t my spouse automatically my proxy?

In most states, yes, including domestic partners. If you don’t have a partner, most states will default to your next closest relative, adult children first and parents second.

Even if you are married or close to your children or parents, are they the best decision-maker for you? The decisions can be too heavy for some people to bear. Instead of choosing a close loved one as your healthy proxy, you could require the proxy to consult with that loved one before making a decision.

How to talk with your proxy

Talking with your medical decision-maker empowers them to make the best decisions for you.

First, discuss the role. Be sure they understand what it means to be your proxy. Allow them to say no if they need to. Take time to answer their questions.

If they agree, start talking about the details like:

  • Your medical history
  • Medications
  • Allergies
  • Medical treatments you don’t want
  • Life-saving treatments you want and when
  • The life-saving treatment you don’t want and when
  • Where do you want to die
  • Who do you want to visit you
  • Who you don’t want to visit you
  • Who you do and don’t want to be updated about your medical situation
  • Spiritual or religious wishes

Write down as many of these details as you can for your decision-maker. A living will is the best way to document your wishes. It could be helpful to give your proxy The Conversation Project’s booklet about how to be a health proxy.

You don’t need a lawyer to complete health proxy documents. Most states do require two witnesses to watch you sign the form. They may also require a notary to notarize the signed form. Each state has different advance directive forms. You can find the right form on trustworthy sites for free.

Once the form is complete, give copies to your health proxy, your loved ones, and your doctors.

Don’t lock the form away in your safe or safety deposit box. Be sure it’s easy to find for anyone in your home.

You’ll want to give copies to loved ones who are not your health proxy, too, so they clearly understand the plan. As for those you don’t want to be involved in your care, tell them, too. They need to know who will be speaking for you.

These can be taxing discussions. Be sure to talk to a counselor, a friend, or a spiritual advisor if needed.

Your health proxy isn’t set in stone.

You can change your healthy proxy at any time. You can also update your living will at any time. Keep the thinking and talking going and update your documents and your health proxy accordingly. Big life changes like having a child, getting married, or facing a serious diagnosis can all affect your end-of-life choices.

Now that you know what a health proxy is and are thinking about your-end-of life wishes, why not take the final steps and complete the paperwork? Just be sure to finish. Don’t let the power of medical decisions slip out of your hands.

Complete Article ↪HERE↩!

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What happens if you’re incapacitated?

— How to get your advance directives in order.

By Morey Stettner

It’s not fun to do advance directives. But there are ways to make it simpler and easier.

There are some thorny tasks that everyone knows they should tackle.

Every so often, they think, “I should do this.”

Then they don’t.

Take advance directives. You’ve surely heard that you should think ahead and consider the type of healthcare and medical treatment you’d want if you become incapacitated.

If you don’t make these decisions now–and complete the necessary forms to state your wishes–someone else will make the decisions for you later. You know that, right?

For some of us, procrastination isn’t the only barrier to checking this off our to-do list. Confusion plays a role as well.

Just as it’s hard to track our immunizations (when did you get your last tetanus shot or pneumonia vaccine?), it’s tricky to recall when (or if) we filled out advance directives.

“People sometimes forget they filled out the forms,” said Scott Brown, president and chief executive of ADVault, a Richardson, Texas-based provider of advance care planning tools

If you did sign them, where are they? Who knows about them? Are they easily accessible if you’re suddenly unable to convey your wishes?

Advance directives typically consist of a living will and a power of attorney for healthcare. Each state has its own statutory advance directive form. To find your state’s legal form, use the menu bar at PREPARE for Your Care.

Because these state forms are legal documents, the wording can be dense and formal. The Five Wishes advance directive, which meets legal requirements in most states, is written in plain English.

After completing the proper forms, you might think you’re all set. You’re not. The forms won’t magically plop into the hands of medical providers as they’re weighing whether to, say, resuscitate you during a medical emergency or administer artificial feeding or hydration.

“Most people adopt a ‘set it and forget it’ mentality,” said Scott Halpern, M.D., director of the University of Pennsylvania’s Palliative and Advanced Illness Research (PAIR) Center. “They may never revisit it. That’s why advance directives tend to not have an impact because they get lost” and complacency sets in.

Halpern suggests that individuals initiate conversations with both their physician and their family and close friends about their “concerns, values, goals and fears” as they relate to advance care planning. For example, tell them what forms of medical intervention you’d find acceptable and unacceptable–and what level of life-sustaining treatment you’d like if you’re deemed permanently unconscious.

J. Randall Curtis, M.D., is director of the Cambia Palliative Care Center of Excellence at University of Washington School of Medicine. He’s also been diagnosed with ALS.

“I’ve completed a living will and a durable power of attorney,” he said. “But I think much more important than these documents is having in-depth and ongoing discussions with my wife, closest friends and my palliative care physician to make sure they understand my values and goals and my current views of ‘states worse than death.'”

When sharing your end-of-life wishes with your doctor, it’s likely that your clinician will enter your comments into your electronic health record. Once that happens, any other healthcare provider with access to those records (such as a hospital system) can retrieve them.

What if you’ve completed multiple forms over time? Perhaps an estate-planning attorney or doctor prompted you to fill out advance directives years ago. A decade later, a financial adviser urged you to do so. Now you have duplicative forms that may contradict one another. Laws vary by state when it comes to which end-of-life wishes take precedence.

“It’s usually last-in-time,” Brown said. “The most recent document” holds sway.

To be safe, review your advance care plan every year or two. Changes in your health, personal relationships or attitude about life-sustaining treatment can lead you to change your directives.

Complete Article ↪HERE↩!

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After a Dementia Diagnosis

— Preparing for the Future

A diagnosis of dementia, a category of diseases affecting memory and thinking that includes Alzheimer’s disease, can feel overwhelming and upsetting. You might worry that you will lose control over your life and ability to make your own decisions. Fortunately, receiving a diagnosis of dementia or Alzheimer’s does not mean that you cannot execute legal documents or make decisions about plans for your future finances and health care.

People with dementia can execute legal documents to plan for their futures when they have the mental state — or capacity — to do so. Capacity refers to your ability to understand the contents of a legal document, such as a will, and know the consequences of executing it. If you know who your family is, understand your assets, and comprehend your will, you can execute a valid will and plan for the distribution of your estate after your death, provided you understand what you are signing and its effect on your life.

The following can help you in planning where you wish to live, what kind of care you receive, and what happens to your assets if you get severely ill or pass away.

Health Care Power of Attorney

Consider appointing a health care agent to make medical decisions if you become incapacitated. You can name a health care agent using a health care power of attorney, sometimes called a medical power of attorney or a durable power of attorney for health care. Your health care agent can make medical choices if you can no longer do so.

Picking someone you trust, such as a responsible child or spouse, or another family member, can give you peace of mind that they will have your best interests and desires in mind when they make decisions. For instance, dementia patients who prefer receiving in-home care can express this wish to their agent.

In the power of attorney document, you can also state your intentions regarding health care and limit your agent’s capabilities if you wish.

Living Will

For an added layer of protection, you can also draft an advance directive or living will that states your desires regarding medical treatment if you are unable to communicate with your physician. Your living will can express whether you want treatment to prolong your life.

Financial Power of Attorney

Using a financial power of attorney, known as a power of attorney for property, you can select a trusted individual to handle your financial affairs if your disease progresses such that you can no longer make financial decisions. Your financial agent can manage your money and pay bills on your behalf, but they cannot use your money for themselves.

In the power of attorney for property document, you can restrict your agent’s powers. For instance, a person might specify that the agent can manage personal accounts, but not sell the family home.

Long-Term Care Planning

After a dementia diagnosis, consider whether you would like to receive long-term care at home or in a facility, and whether you intend to apply for Medicaid or long-term care insurance. If you want to apply for Medicaid, you might need to prepare your finances to become eligible.

Last Will and Testament

Making a last will and testament, also known as a will, can help ensure your assets go to your family and friends when you pass away. You can determine how much of your money each beneficiary will receive and make bequests to individuals. For example, if you have items of sentimental value, you can leave them to specific people. Without a will, your assets will transfer to your heirs according to the law in your state.

Consider meeting with an elder law attorney in your area to discuss your plans for your future.

For additional support and to learn more about Alzheimer’s disease and related disorders, reach out to your local Alzheimer’s Association chapter.

Complete Article ↪HERE↩!

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What’s the difference between a POLST form and an advance directive?

By Lyle Solomon

Important terms

Advance directive: An advance directive is a document specifying who will make medical choices on the patient’s behalf if and when they become incapable of doing so. This document is also called a “health care power of attorney.”

POLST form: A Portable Medical Orders form, or POLST, is a list of medical directives that only apply to a specific patient population and deal with a small number of crucial medical choices.

Question: What’s the difference between a POLST form and an advance directive?

Answer: An advance directive is not a replacement for a POLST form, nor are POLST forms an alternative to an advance directive. However, when appropriately used, advance directives and POLST forms are helpful as advance care planning tools for expressing patient preferences.

An advance directive specifies who will make medical choices on the patient’s behalf if and when they become incapable of doing so. This document is also called “health care power of attorney.” It also offers direction or instructions for choosing medical care, usually in cases involving end-of-life care, and is also referred to as a “living will.” An advance directive is not a medical order but a directive or an authoritative instruction from the patient.

A POLST form, in contrast, consists of a list of medical directives that only apply to a specific patient population and deal with a small number of crucial medical choices. The form is meant to be used in conjunction with advance directives because it ensures continuity of care and acts as a translational tool.

An advance directive, sometimes known as a living will or health care power of attorney, is used to specify the types of treatments a patient may desire to receive in the event of a future, unforeseen medical emergency. It also allows patients to name a surrogate, and this is something every adult should have.

The POLST form is a portable medical order for specific medical care the patient would need immediately, depending on their diagnosis, prognosis and care goals. It has different names in different states, and POLST forms are suitable for people close to the end of their lives and with a severe illness or frailty.

POLST forms are suitable for people close to the end of their lives and with a severe illness or frailty.

It’s highly recommended the patient has an advance directive in place before requesting a POLST form. If patients participate in a POLST conversation, they can probably choose a surrogate. A POLST form can only be created, modified or revoked by the surrogate the patient specified in their advance directive if they ever lose the ability to make decisions themselves.

Complete Article ↪HERE↩!

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How Does A Living Will Work?

By Deb Hipp

During a medical crisis, loved ones must often make decisions quickly on whether to withhold or provide life-sustaining treatments. An element of advance care planning, a living will is a legal document that provides specific instructions on how to carry out your wishes to receive or decline such treatments when you otherwise can’t communicate those wishes yourself.

You may already have a durable power of attorney for health care—a legal document that allows your designated agent or proxy to make medical decisions for you if you become incapacitated. Unlike that document, however, instructions in a living will can be used only when the person named in the living will has no hope of recovery or cure.

Adding a living will to your estate plan can mean the difference between your loved ones living with doubts later or knowing they made the right decision for you when you were unable to make end-of-life medical decisions for yourself.

What Is a Living Will?

A living will is a legal document expressing your wishes on receiving or declining medical care or life-sustaining treatments should you become terminally ill or injured and unable to communicate those decisions for yourself. Each state has its own laws on living wills, including definitions of life-sustaining treatments, restrictions and instructions that can be included in a living will.

The person named in the living will is known as the “principal” or “declarant.” However, terminology may differ depending on state laws. The person designated to carry out the wishes of the principal on the living will may be called the attorney-in-fact, health care proxy or another name depending on the state.

“The living will confers limited authority of the attorney-in-fact on behalf of the principal who is no longer able to communicate their preferences to withhold or withdraw artificial means of life support or life-sustaining treatments,” says Jane Fearn-Zimmer, an elder law and estate planning attorney and partner at Archer Brogan LLP in Cherry Hill, New Jersey.

What to Include in a Living Will

A living will should include your wishes for receiving or going without treatment when your condition isn’t expected to improve and treatment would extend your life for only a limited time.

“The living will is intended to apply only in very limited situations where the principal who signed the document has an incurable or irreversible medical condition or conditions that will probably result in the principal’s death within a short period of time—typically six months or less,” says Fearn-Zimmer.

Life-sustaining treatments addressed in a living will may include:

  • Heart-lung machines
  • Mechanical ventilators
  • Artificial nutrition (via feeding tube)
  • Artificial hydration (via feeding tube or IV)
  • Cardio-pulmonary resuscitation (CPR) or other extraordinary measures
  • Dialysis

“Living wills can [also] address issues like pain management and palliative care,” says Candace Dellacona, an estate planning attorney at Offit Kurman, Attorneys at Law, in New York City. “I even include provisions like ‘I would prefer to die at home’ in a living will.”

“You want to provide as much information as you can to make sure that your proxy isn’t making the decision for you, [but] rather your wishes and words are moving through your proxy,” she says. “The more information you can provide in your living will to your proxy to illustrate for them the type of care that you’d want to receive or decline, the better.”

Living Will vs. Advance Directive: What’s the Difference?

“In New York, an advance directive is a category of documents that includes a power of attorney for financial decisions, a health care proxy and a living will,” says Dellacona.

The purpose of an advance health directive is to make sure your wishes for medical treatment and/or life-sustaining treatments are documented and carried out if you become incapacitated and unable to communicate those decisions for yourself. Depending on the state, definitions of documents known as advance directives may have some overlap.

“A living will is a subset of advance medical directive,” says Fearn-Zimmer. “It’s a legal document with the limited purpose of enabling the person who executes the document to control their end-of-life medical care. It helps avoid a tragic and frustrating situation by allowing the person who executes the document to choose ahead of time whether they want to be kept alive by means of medical treatments and technologies like a feeding tube or a ventilator.”

A living will is typically utilized in the event of:

  • Physical incapacity due to a terminal illness or injury
  • Mental incapacity due to Alzheimer’s disease or another form of dementia
  • Loss of consciousness

With an advance medical directive, such as a living will or a power of attorney for health care, the principal executing the document may consent to receiving all means necessary to remain alive, including artificial medical treatments like hydration, feeding and respiration using a tracheotomy and a respirator or ventilator, says Fearn-Zimmer.

Alternatively, the document may instruct the attorney-in-fact to decline consent to surgery or artificial and other medical treatments.

Living Will vs. Medical Power of Attorney: What’s the Difference?

Like a living will, the durable power of attorney for health care may also list measures for end-of-life treatments or instructions to withhold certain types of treatments. However, there are important differences between these two estate planning documents.

“The health care proxy names the person to make the decisions, and it often includes a Health Insurance Portability and Accountability Act (HIPAA) waiver,” says Dellacona. “The living will describes the type of care that the person may wish to have or avoid.”

“In New York and in many states, a living will and health care proxy are separate documents. Some states combine them into one advance health care directive, sometimes referred to as a medical power of attorney,” says Dellacona. New York refers to a medical power of attorney as a health care proxy.

The durable power of attorney for health care allows the health care proxy you’ve appointed to carry out your wishes for medical care should you become incapacitated and unable to communicate medical decisions for yourself. The health care proxy’s duties may include consenting to or declining treatments that could possibly lead to your recovery.

In addition to that power, the health care proxy named in the health care proxy document is also allowed to carry out the wishes outlined in your living will for receiving or declining life-sustaining treatments.

“Living wills can be a helpful document for the person you named as your health care proxy to read so that they understand your wishes, especially in a time of crisis,” says Dellacona.

Living Will vs. Last Will and Testament: What’s the Difference?

A living will and a last will and testament may sound similar, but these legal documents serve entirely different purposes. Like their names imply, both serve to carry out the “will” or wishes of the principal. However, that’s where the similarities end.

A living will comes into play while the principal is still alive but incapacitated and unable to communicate decisions about receiving or withholding life-sustaining treatments.

On the other hand, a last will and testament takes effect upon the principal’s death. The last will and testament instructs the executor of the principal’s estate on distribution of certain property and assets.

Why Living Wills Are So Important

In a medical crisis where there’s no hope for recovery or another end-of-life situation, a living will can ease the intense pressure placed on the principal’s health care proxy to make decisions in accord with their wishes.

“The living will can make it easier for the proxy to understand what those wishes are and advocate for you if you can no longer advocate for yourself,” says Dellacona “[The living will] is also helpful if the proxy is facing pressure from other family members or others who may think you have a different view of care.”

Living wills also provide clear instructions to emergency medical staff.

“In an emergency life-or-death situation, every minute counts,” says Fearn-Zimmer. “The emergency medical team needs to know instantly whether to act in an emergency situation. The living will is short and sweet—maybe only one or two pages—and tells them what they need to know and who will give the authorization quickly in an emergency situation.”

Studies show both health care providers and family members experience increased anxiety and stress after making these decisions for their patients and loved ones. The presence of a living will can help provide them not only a sense of direction, but also welcomed relief.

How to Write a Living Will

An estate planning or elder law attorney can prepare a living will according to your instructions. Alternatively, you can use software purchased from legal document websites or certain state bar associations to prepare the living will yourself. Hiring an attorney to prepare your living will ensures the document complies with your state’s laws.

Many (but not all) states require two witnesses and notarization of your signature to execute the living will. You can revoke or revise a living will at any time.

To get a general idea of your state’s laws for living wills, you can look up state requirements at FindLaw. Make sure to double-check state statutes yourself on your state legislature’s website for accuracy.

The URL for the official website for your state legislature ends in “.gov.” If you’re preparing your own living will, make sure it meets the requirements listed on the official state website.

Lastly, remember a person’s wishes and values often change over time, particularly as illness arises and advances and one approaches their end-of-life journey. Therefore, a living will shouldn’t be a static document, but rather one that’s readdressed every few years to ensure it reflects a person’s current care preferences.

Complete Article ↪HERE↩!

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Why End-of-Life Conversations Can Be Difficult for Sexual and Gender Minority Patients

Carey Candrian, PhD, helped lead a study to understand how fear and discrimination affects advance care planning.

by Greg Glasgow

Advance care planning — thinking about what kind of care you want and whom you want by your side at the end of your life — can be difficult under any circumstances. But for sexual and gender minority (SGM) patients — including individuals who identify as lesbian, gay, bisexual, asexual, transgender, queer, or intersex — those conversations are often made even more difficult due to stigma, fear, and discrimination.

Carey Candrian, PhD, associate professor of internal medicine at the University of Colorado School of Medicine, is senior author on new research, published in JAMA Network Open, that finds that SGM patients’ experiences of discrimination affect their selection of clinicians and cause concern about whether their end-of-life preferences will be honored.

Candrian and her fellow researchers collected survey data from SGM and non-SGM participants and conducted qualitative telephone interviews with SGM participants across the country, asking them about their end-of-life discussions with clinicians.

“These conversations are hard for everyone, because you’re talking about things like death and dying and serious illness and diagnosis,” Candrian says. “When you add in all these other factors that we know exist for SGM people — less likely to have a traditional family, more likely to have experiences with discrimination or mistrust in the health care system — it makes those conversations even harder. We’re really trying to really understand what is happening and how these conversations impact it.”

Fears of disclosure

Advance care planning discussions can happen at any stage in a patient’s medical journey, not just when they are diagnosed with a serious illness. Doctors may ask the patient’s preferences on care measures such as ventilators, CPR, and artificial feeding, and whom the patient wants to speak or make decisions for them if they are unable to speak for themselves. Those conversations are often difficult for SGM patients who are not in heteronormative, legally recognized relationships or who have not disclosed their sexual or gender preferences to their parents or siblings.

“It can be a double bind — they don’t feel comfortable in the health care system, and they also are not comfortable disclosing it to their family,” Candrian says. “The big tension that we found is, ‘How can I actually have a meaningful conversation if I am so worried about disclosing this core part of myself in terms of who I am, who I need by my side, and what I want?’ How can you ensure they’re getting the care that they need if they can’t disclose this critical information?”

Part of that worry for SGM patients is making such a disclosure part of their medical record, where it can be seen by other doctors if the patient has an accident or needs emergency care out of state. Many survey respondents had experienced discrimination based on their gender or sexual identity in other aspects of health care and were reluctant to share that information in care planning discussions.

Critical conversations

The paper notes that “more SGM-specific patient-centered care might better support these discussions within the health care system,” and that clinician sensitivity training may also help as well. Other paths to more constructive conversations could include indicating support for SGM patients — through a rainbow flag or other means — and changing standard questions from, for example, “Are you married? Do you have kids?” to “Do you have a partner? Do you live with anyone?”

“Several participants had really great ideas on how to improve these processes in terms of how to find forms and how to make them more accessible for people who don’t fit the standard checkboxes,” Candrian says. “We need to collect this information in a way that doesn’t perpetuate discrimination, but actually opens the door to having a really critical conversation with SGM people.”

The study data were collected between October 2020 and March 2021, and the authors note that in the wake of the Supreme Court’s decision that overturned Roe v. Wade and concerns about the future of the legal status of same-sex marriage in the U.S., the fears and concerns expressed by SGM participants about advance care planning may be more pronounced now and in the future.

“Now, perhaps more than ever, we need to bring more voices into the conversation around advance care planning than have been included before,” says lead and corresponding author Amanda Reich, PhD, MPH, an investigator at the Center for Surgery and Public Health at Brigham and Women’s Hospital in Massachusetts. “Clinicians have the opportunity to re-open how we talk about end-of-life care to be more inclusive and to understand why our patients may be fearful or hesitant to have these critical and deeply personal conversations.”

Complete Article ↪HERE↩!

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11 Important End of Life Documents Everyone Needs

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11 End of Life Documents for Mesothelioma & Cancer Patients

Although patients can outlive a prognosis and even reach remission, mesothelioma remains one of the worlds most deadly conditions. This is why mesothelioma patients should take as many measures as possible to ensure their personal finances and responsibilities are covered. Many people have a will prepared, but there are several other end of life documents that are essential family members or patients dealing with mesothelioma. Without these kind of documents, loved ones will have to make difficult decisions on your behalf with no guidance. Although it may be difficult to discuss, Mesothelioma Hub feels it is still necessary to prepare for the worse. Here is our list of eleven essential documents that all families should prepare while dealing with a mesothelioma prognosis.

1) Letter of Competency

A letter of competency is one of the first end of life documents to complete during your planning. A letter of competency is a statement from a mesothelioma doctor or specialist stating that a person is capable of making informed, stable decisions. This end of life document could apply to health care, finances, or estate. A common side effect of mesothelioma treatment is memory loss, confusion, and brain fog. Therefore, it is essential to obtain a letter of competency if applicable.

2) Living Trust End of Life Document

A living trust is another essential piece of end-of-life paperwork. A trust is created and funded during a patient’s lifetime that they can amend or revoke as time goes on. A living trust appoints a person or corporation to act as a “trustee” after their passing. The document also designates the “beneficiaries,” aka the people who receive income or other property from the trust. This trustee manages the trust property for the benefit of the beneficiaries.

The average lifespan for a mesothelioma patient after receiving a diagnosis is 4 – 18 months. A living trust is an end of life document that you should assemble as quickly and efficiently as possible during your end-of-life preparation and especially during the more advanced terminal stages.

3) Last Will and Testament

A last will and testament is the legal end of life document specifying a patient’s last wishes pertaining to assets and dependents after death. Although similar to a living trust, the last will controls property directly under the control of the individual and does not include jointly owned assets whereas a living trust controls all assets. Details included in the last will and testament include what to do with possessions, and what will happen with their responsibilities including dependents and management of financials.

4) Letter of Intent

Although not a legal document, a letter of intent can be beneficial for your executor and family members. A letter of intent can act as an end-of-life checklist for your loved ones for wishes not covered in a will. The document can include the location of important legal end of life documents, names and contacts, care for pets, and many more details. It should remain a high priority for those with wishes that can’t be fully explained within other documents.

5) Financial Power of Attorney

The purpose of a financial power of attorney is to designate an agent to handle financial affairs. This person has the legal ability to make decisions about a person’s finances when someone is ill, disabled, or physically not present. The agent should make arrangements in line with the person’s wishes but has full authority to make autonomous decisions until their authority is challenged or revoked by the law.

Many people on their life journey were negligently exposed to asbestos and developed mesothelioma. This is where your a financial power of attorney can come in and assist with the legal side of things and even pursue legal help and compensation.

Need to Obtain End of Life Documents?

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6) Health Care Power of Attorney

If a patient is unable to make medical decisions for themselves, they may choose to have a health care power of attorney. A health care agent should be someone trustworthy and noble as they can:

  • Accept, withdraw, or decline treatment
  • Agree to admit or discharge a patient from any medical center or institution
  • Access medical and mental health records and share them with others
  • Carry out plans or make decisions about the body or remains

Throughout the mesothelioma journey, several health-related decisions will need to be made. Whether you are going through treatment or are staying in an assisted living home, a health care power of attorney can assist you in these decisions and maintain important end of life documents.

7) Living Will End of Life Document

A living will is a vital facet of a patient’s end-of-life plans. This document declares a patient’s desire to have death-delaying procedures withheld after being diagnosed with a terminal illness. This end of life document can assist doctors and loved ones if a decision needs to be made about withholding death-delaying procedures.

The medical community considers mesothelioma a terminal illness. If you are interested in death-delaying procedures being withheld, you should complete a living will.

8) Organ Donor Care

Those interested in donating their organs should complete a health care directive stating their wishes. If arrangements have already been made, specifying an end of life document should include all necessary information. If a patient has a health care agent, they can also make the decision with guidance from the patient.

9) HIPAA Release

Health care information of everyone is not accessible by others before or after their death. However, a HIPAA release form shares otherwise protected health information with other individuals or organizations. Patients should file a HIPAA release form if they would like their health care agents or loved ones to have access to their important end of life medical details.

10) DNR Order End of Life Document

A health care provider will typically begin CPR and life-saving activities if the heart or breathing stops, however, people can choose to not receive care under these circumstances. A do not resuscitate (DNR) order states that a patient prefers to not receive CPR in the case that the heart or breathing stops.

Many mesothelioma patients that pass, developed the condition due to negligence. The patient’s loved ones may be eligible to file a wrongful death suit against the individual or company believed to be responsible for negligence. Thats why it’s so important for to keep all your family members end of life documents secured and organized.

11) Digital Asset Instructions

Nowadays, the average person has almost 200 digital accounts including bank, investment, insurance, cryptocurrency, and social accounts. Some of these accounts, if not all, will need attention after a person passes. If these accounts are password protected, a patient should assemble a list of login information. Patients can even assign a digital executor to manage online accounts after they pass.

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