Replace Living Will with A Medical Directive and Medical Power of Attorney

One of the ways that many of us believe that we will have control over our medical care, should we become incapacitated is through a legal document, which is called a “Living Will.” Essentially, a living will is nothing more than an expression of our wishes, should we be unable to speak for ourselves. A living will is not much more than a “Wish List.”

One of the primary reasons people choose to have a “living will” is because they do not want to be resuscitated, meaning they do not want to be kept alive by machines of any kind. The problem with the living will, is that even though these are your wishes, in most cases, you will be resuscitated, and placed on life support machines, unless you are considered to be terminally ill, or your chances of recovery are close to nonexistent.

Another problem with a living will, is that there is nobody who can, legally, make decisions for you, or obtain your medical information, regardless of who they may be, which includes your spouse, and blood relatives. The reason for this is due to the HIPPA regulations, which are in place to protect your privacy. HIPPA regulations have been in effect for many years, but the reason that the medical community has become strict, is because of the fines that will be placed on them for HIPPA violations. In other words, under HIPPA, technically, nobody can call the hospital to find out if you are a patient there, let alone to find out what your room number is. There is a document, which can solve many of these issues surrounding HIPPA, as well as the living will.

Your answer is through what is called a “Advanced Medical Directive”, as well as a “Medical Power of Attorney.” Your medical directive, which can be found online, is a document by which you again, express your wishes, should you become incapacitated. You may refuse the use of mechanical life support, as well as tube feedings to be kept alive. You may decide that you only want medications for pain and to keep you comfortable, but you do not want any other medications including antibiotics administered. The next step that you need to take is to appoint a “Medical Power of Attorney.”

A Power of Attorney and Medical Power of Attorney are two separate documents, and neither has anything to do with the other. However, an attorney, depending on the state that you live in, may be able to incorporate to two documents together, if you want one person to be in control of your medical care, as well as your finances, should you not be able to do so for yourself. Giving the Medical Power of Attorney to a particular person, will do the following:

1. Give them access to your medical information.
2. Medical Staff will be required to provide information to them3. If medical staff has any questions in regards to allergies, etc,they will be able to discuss this with your medical power of attorney.
4. Should you become so ill, and unconscious, your medical power of attorney will be able to inform the medical staff that no heroic measures are to be taken.

ne last thing about your Advanced Directive, and Medical Power of Attorney, if you choose to have everything possible done for your, no matter how bleak it may look, you can still have control. You can limit the decision making of your Medical Power of Attorney. In other words, you can allow medical personnel to discuss your case with them, for them to get medical records, and so forth. But you can also, state that they are not to have control over whether or not you are placed on or removed from any type of life sustaining equipment, or have to ability to refuse any surgical procedures or any other invasive procedures which you may need. Often consent forms are to be signed for various treatments and procedures. Your medical power of attorney will be able to do this for you, should you be unable to do so for yourself.

In some states, these documents do not have to done by an attorney, or to be notarized. However, it is recommended that you speak to an attorney about these matters, and allow them to draw up these documents for you, to have a witness and have them notarized. It is definitely in your best interest to do so. As long as your documents are signed, witnessed, and notarized, then that eliminates any medial professional, or others make the claim that your documents are not valid.

There is also another extremely important reason for consulting an attorney, and appointing your medical power of attorney, power of attorney, as well as having a medical directive. If you are not married, but have a significant other, and living blood relatives; your family will have control, because they are “your next of kin, your blood relatives.” It is advisable to think hard about who you can trust to follow your wishes, and the very person who may not allow removal of treatment, because they may benefit from it financially, which may be their only interest.

I hope this article has helped you get clarification as to what these documents truly mean. My fiance was faced with this type of situation. Fortunately, he was able to remove the ability for his kids to stop the use of life support,withhold medical treatment, or resuscitation if it was ever needed. These documents also gave me the power to prevent him from being placed in a nursing home, which is the first thing his kids had planned to do with him. Because of these documents, I had the power, and I was able to make the decision of him living in his own home, and not be isolated in a nursing home. Because of these documents, he was able to live at home, for the remainder of his life. Unfortunately, Michael passed away, 3 years after coming home.

Soon after Micheal’s death , I was introduced to a way to earn a passive income, with Wealth Creations Network,at no cost to me. This is not another online get rich scheme, or even a business. We are a group who create wealth together. We also receive Free tools and training which we can use with any other business venture that we may have, outside of WCN. Micheal’s death was sudden and unexpected. The finances were left in shambles. I am new to WCN, so I cannot honestly tell you that I am financially stable, or that I am getting rich overnight. However, we do have a profit sharing program, by which qualified members are earning approximately $2000 a month. The profit is shared equally among its qualified members. This is not a MLM, Matrix, Gifting or a Pyramid. It is a way to obtain financial security. My earnings, once I get to that level, will not only take care of my needs, but will enable me to help others with the difficulties that we faced during the time Michael was incapacitated. We all know it is a battle with insurance companies to get what we need, as well as with Medicare. I brought Michael home, as a quadriplegic, and on life support. It was a daily battle for 3 years to get what he needed. So, now I am learning , not only the tools I can use to help others, if only with information, but will have an income, so that I can even have a louder voice in order to help others. If you would like to learn more about us, look at our web site.

By: Linda Smith A WCN Team Member LS7852