Advanced Health-Care Directives give your specific instructions regarding medical procedures for your doctor and family. These directives include a Living Will, appointment of a Health-Care Representative and Conservator. Another important document for your protection is the appointment of an attorney-in-fact through a Durable Power of Attorney.
Living Will
The purpose of a Living Will is to provide medical and family members specific instructions on your wish not to be kept on life support systems in the event that you are deemed to be in a terminal and permanently unconscious state of being.
Health-Care Representative
A Health-Care Representative is the person that makes health-care decisions when you are unable to do so. The purpose of appointing a Health-Care Representative is to guarantee that in the case of a medical emergency, the person you wish most to speak to your doctor and make medical decisions for you has the proper authority and direction to act on your behalf.
Conservator (of your person)
A conservator of your person is someone who will assist you in caring for yourself when you are unable to do so, such as in the case of your disability or debilitating illness. If you have not appointed a Conservator, your family and loved ones (or even the Department of Welfare or Commissioner of Social Services) may have to go to Probate Court to determine/argue who should be your Conservator. As this process can be adversarial, appointing a Conservator now clearly states who you wish to care for you and avoids the Probate process time, cost and emotional stress.
Durable Power of Attorney
A Durable Power of Attorney appoints a trusted person to manage your financial affairs while you are unable to do so, whether your inability is because you are on vacation for an extended period of time or undergoing extensive hospitalization or physical inability. This appointment also assists you in having your appointed agent fund or transfer your assets into your Revocable Living Trust in case of your last illness in order to avoid the Probate process and expense.
