We do not like to think about it, but everyone gets sick and dies eventually. As we age, we must prepare for the inevitable by having our legal documents and affairs in order. Learn below about the legal documents you may need in case of terminal illness or death. If you need legal assistance with end-of-life planning, our Ohio estate planning attorney at The Law Office of John C. Grundy can help.
Types Of Legal Documents
When there is a death or terminal illness, there are specific documents needed for family or friends so they can address so legal and financial matters:
Durable Power of Attorney (DPOA)
Power of attorney (POA) gives your proxy – the person you name to carry out your wishes – the ability to make decisions for and about you until you are incapacitated. The decisions’ scope usually involves healthcare, legal, and financial matters. It also can include making important decisions about life insurance policies.
Ohio distinguishes a General Durable Power of Attorney, which is used for general business affairs, a Healthcare Power of Attorney, which is used only when the Principal cannot make a healthcare decision, and a Limited Power of Attorney for a specific event (such as a real estate closing) or time period (such as vacation out of the country). A healthcare power of attorney (HPOA) will permit another to make vital healthcare decisions for you in case of terminal illness, mental incapacity, or temporary incompetence to make a healthcare decision. Your proxy might be a family member, friend, clergy, or attorney in this situation.
A durable power of attorney (both general and healthcare) provides authority to the proxy to make decisions if you are mentally declining for many reasons. These include dementia, mental illness, incompetency, coma, unconsciousness, and being intoxicated or medicated. The cause of the mental decline can be temporary (effect of an auto accident) or long term (Alzheimer disease).
With respect to the healthcare power of attorney, your proxy must oversee the decisions about your healthcare and follow your wishes as much as possible. However, the DPOA only states who will make these vital decisions; it does not state what the decisions should be. If you want certainty about treatment at the end of life, you need a living will.
Living Will
A living will states what you want regarding life-extending treatments when you are terminally ill or dying. This document is helpful if you go into a coma or vegetative state or will soon pass from an illness. A living will also states in which conditions you want to be kept alive or allowed to pass on. Some of the issues addressed by a living will are:
- Being put on a ventilator or feeding tube
- Restarting your heart
- Having an emergency surgery
- How pain should be managed
- Whether to try to extend your life if you are in a coma
- Tissue and organ donation
If you do not write a living will understand that doctors will do everything they can to keep you alive. But, unfortunately, this might mean you living in a vegetative state for months or even years.
Do-Not-Resuscitate
A do-not-resuscitate (DNR) document states the conditions under which you do not want your life saved. For example, signing a DNR means if your heart stops, medical personnel will not try to revive you. Only your healthcare provider can write a DNR order. However, a healthcare proxy can request or revoke the DNR order if you are not in a state to communicate what you want.
Call Our Ohio Estate Planning Attorney Today
It is essential to consider your wishes in case of terminal illness or death. This process is often more straightforward with the help of an estate planning attorney. Contact our Ohio estate planning attorney at The Law Office of John C. Grundy for legal end-of-life and estate planning assistance.