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2402 W. Jefferson Street, Boise, ID 83702 Tel: 208-387-0729 www.IdahoElderLaw.com Advance Directives: Proactive Planning That Benefits You And Your Family.

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Presentation on theme: "2402 W. Jefferson Street, Boise, ID 83702 Tel: 208-387-0729 www.IdahoElderLaw.com Advance Directives: Proactive Planning That Benefits You And Your Family."— Presentation transcript:

1 2402 W. Jefferson Street, Boise, ID Tel: Advance Directives: Proactive Planning That Benefits You And Your Family

2 Take Charge of Your Planning Accomplish Your Goals Both While You’re Alive and After You Die Save Time and Expense For Your Spouse and Surviving Kids Obtain Peace of Mind Avoid Family Dysfunction, Stress and Heartache

3 OUR GREATEST FEARS

4 Having Hard-Earned Life Savings Consumed By Long-Term Care Costs

5 Not Being Able To Pass Something Down To The Kids

6 Being A Burden Creating Strife For Family Members Suffering/Pain At Life’s End

7 Planning Ahead Can Help You Address All These Concerns DEATH IS A FACT OF LIFE PLANNING FOR DEATH IS ONE OF THOSE SMART, ADULT THINGS WE ALL SHOULD DO… BUT OFTEN PUT OFF. WAITING TO PLAN IS NOT A GOOD PLAN!!

8 Advance Directives Your chance to give direction, in advance, as to how you want to be treated from a health care perspective, if you cannot speak for yourself. Two Documents: 1. Living Will 2. Durable Power of Attorney for Health Care

9 Living Will Narrow Application Two possibilities -- You are either: 1.In a terminal condition and your death is imminent; or 2.In a persistent vegetative state. You can’t speak for yourself.

10 Three Choices In Idaho’s Living Will #1: All medical treatment, care, nutrition, and hydration be provided. #2: If artificial life sustaining procedures artificially prolong life, procedures withheld except for nutrition and/or hydration. #3: If artificial life sustaining procedures artificially prolong life, procedures withheld including withdrawal of nutrition and hydration.

11 Health Care Power of Attorney You name someone else to make medical treatment decisions for you if you cannot make them for yourself. Agents DO NOT sweep in and automatically start making medical decisions for you; HIPAA Release included to insure agent has access to all medical records; Give careful thought to the people you name; Name a primary and at least one, if not two, alternates.

12 Why Bother? With No Advance Directives: Family members who don’t know your wishes and may not share your values could make decisions for you; Others could step forward and have to make decisions for you under Idaho’s Medical Consent Act; Could lead to disagreement/conflict between family members (Court); Could lead to guardianship proceedings (Court).

13 Question 1 – True or False? After a patient is connected to life support systems, it is legally difficult to withdraw him or her from the life support system. False

14 Question 2 – True or False? Without a living will, the doctors and hospital must put and keep a terminally and incurably ill patient on life support systems, regardless of the cost. False

15 Question 3 – True or False? If Emergency Medical Services (EMS) are called to resuscitate you and are shown a copy of your living will, they will respect your wishes. False

16 Question 4 – True or False? If you have a living will, you should also have a Do Not Resuscitate order (now covered by POST, which stands for Physician Order for Scope of Treatment). False

17 Question 5 – True or False? The only way to revoke your living will is by tearing it up. False

18 Question 6 – True or False? Your agent under a Health Care Power of Attorney has the right to make all health care decisions on your behalf and can even make decisions over your objections. False

19 Question 7 – True or False? More often than not, when problems arise in getting health care providers to respect a patient’s living will, it is because of objections made by family members. True

20 Question 8 – True or False? A living will from another state is not valid in this state. False

21 Question 9 – True or False? A hospital or nursing home can insist that someone being admitted must sign a living will. False

22 Question 10 – True or False? The law is more concerned about protecting doctors than it is about honoring a patient’s wishes. False

23 Question 11 – True or False? The agent designated under a Power of Attorney for health care must always be a family member, if one is available. False

24 Question 12 – True or False? More than one family member may share the authority granted under a Power of Attorney for health care. True

25 7 Steps To Put Your Advance Directive In Place 1.Discuss different options with the important people in your life; 2.Decide which option best reflects what you want; 3.Select a person to be your health care agent (ask them first!); 4.Complete the advance directive (let’s do that now); 5.File original in a safe place and provide copies to key people; 6.Register Directive with Secretary of State’s office; 7.Review annually.

26 Idaho’s Quality of Life Coalition For More Information/Resources:

27 ACCOMPLISH YOUR GOALS BY PLANNING AHEAD Develop a Comprehensive Plan That Includes Advance Directives Get your ducks in a row with regard to your: Estate plan (planning for death/disability); Protecting assets against expensive long- term care costs; Making sure your end of life wishes are understood and honored.

28 Thank You For Your Interest! Now…Get Going On Your Family’s Plan! Presented By: Peter C. Sisson, CELA, EPLS National Board Certified Elder Law Attorney National Board Certified Estate Planning Law Specialist 2402 W. Jefferson Street, Boise, ID Tel: Fax: W. Jefferson Street, Boise, ID Tel: Fax: Proactive Planning Benefits You and Your Family


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