Be Heard Even If You Can't Communicate

By Marc-André Castonguay, CFP

Most of us saw the debate over Terri Schiavo's life. No one was left indifferent by the court battle between those fighting to keep her alive and those fighting to let her die. Unfortunately, Terri was unable to communicate to her loved ones whether she still wanted the feeding tube or not.

While this case was reported all over the world, almost every day, families are anguished by the health care decisions they must make for a loved one without knowing that person's wishes. Sometimes, as we have seen with the Schiavo case, it tears families apart. How can we avoid making a sad situation worse?

There is a way to have your voice heard should you one day be unable to communicate with your loved ones due to health reasons. That voice is a living will.

A living will, also called power of attorney for personal care, is a legal document in which you, the grantor, give instructions regarding your health to your designated attorney. Therefore, if you are unable to make those decisions on your own, your designated attorney can make them for you. Do you want every effort to be made to extend your life? Do you refuse to be kept alive artificially? These are some of the situations you can address in a living will. You can also express your wishes with regards to organ donation. Should the unthinkable happen and you are unable to communicate, your living will will save your family much grief and despair. They will have peace of mind knowing that the actions taken towards your health are indeed what you wanted.

Many people may think that they don't need to worry because they already have a power of attorney. It is very important to distinguish between a power of attorney for property and a living will. Both documents are very important but serve different purposes.

The power of attorney for property (what is often simply called power of attorney) has nothing to do with your personal health and care. The attorney designated in this legal document has the right to handle the grantor's legal and financial affairs but cannot make any health care decisions on the grantor's behalf. The power of attorney can be effective as soon as it is signed or only if you are declared mentally incapable of managing your legal and financial affairs. It can also give the designated attorney general powers or very specific instructions.

As you can see, a living will and a power of attorney both give important rights to the designated attorney. Therefore, it is of utmost importance that you trust the person you choose and that you are comfortable knowing that this individual will be able to execute duties you have given him or her. Also, before appointing an attorney, you should definitely discuss your intentions with this individual to see if they are willing to accept this designation. They may not want to accept this responsibility. If you can't find an individual to be your attorney, you may name a corporation such as a trust company to be the attorney.

Living wills and powers of attorney are important tools in your financial plan and should not be taken lightly. To ensure that they are valid, you should consult a lawyer. You will find it worthwhile should they ever come into use.