an attorney to find out what your particular state requires. Living wills are essential because they inform family members and healthcare providers about an individual’s preferences for medical treatment in the event that he or she becomes incapacitated. (It’s important to note that a living will is different than a living trust, which is used to hold and distribute a person’s personal assets.)
Medical or Healthcare Power of Attorney (POA)—This legal document, which may also be called a Durable Power of Attorney (DPOA), designates an individual to make medical decisions for someone if he or she is unable to do so. This person, referred to as a healthcare agent or proxy, is only able to make healthcare decisions. This differs from a power of attorney, which authorizes someone to make financial transactions for an individual if he or she is unable to do so.
Do Not Resuscitate (DNR) Order—This is a written request to forgo resuscitation efforts such as cardiopulmonary resuscitation (CPR) or advanced cardiovascular life support (ACLS) if a person’s heart stops or breathing ceases. It may also be called a “No Code” or “Allow Natural Death” directive. Advance directives do not have to include a DNR order, and a person is not required to have advance directives in place to request a DNR. A physician can put a DNR order in an individual’s medical chart. Keep in mind, many states require a separate DNR form, which is state-specific and bears the signature of a physician. A living will that states DNR wishes is not usually sufficient.
Starting the Conversation
Talking about death and dying can be difficult, but having these conversations can actually bring peace of mind and make things easier for everyone involved. If you’re finding it tough to broach the subject with a loved one or make your own wishes known, you can visit www.theconversationproject.org, which offers a helpful “Starter Kit” along with other valuable advice. The kit gives you step-by-step instructions for thinking about what matters to you most, deciding how much information you would like to receive as a patient, and how long you want to receive medical care, as well as how involved you want loved ones to be. It even includes conversation starters, such as “I was thinking about what happened to ________ , and it made me realize how important it was to have a talk.”
The Conversation Project also offers these tips when having a discussion with loved ones:
Emergency and hospital staff in most states are still required to give CPR or ACLS if a separate DNR doesn’t exist. To make sure your wishes or those of a loved one are carried out, you must have a DNR signed by your physician. You cannot create this form on your own; you must obtain an official form from a physician’s office. You must also have a copy of this form on file at each medical facility or on your person (or the person for whom you are caring).
These legalities may seem overwhelming (and perhaps a bit depressing), but they are vital to ensure that the wishes of you or your loved ones are carried out. Having these documents in place will also make an already stressful situation easier on caregivers.
Many of these documents are available online, but experts recommend consulting an attorney, as laws and terminology differ by state. A professional can guide you and your loved one through the process, explain the options, and answer questions along the way. They may also help your loved one consider and plan for situations he or she hadn’t thought of before. Elder care attorneys specialize in elder law and, therefore, can be especially helpful for seniors who are putting their affairs in order. The National Elder Law Foundation (nelf.org) can help you find a local attorney. If possible, be sure to select a certified elder law attorney. The cost of preparing these documents is generally affordable, but if fees are a concern, many communities offer free or low-cost legal resources.
Once these documents are completed and filed, it’s important to share the contents and location with all parties involved. Spouses, adult children, or other caregivers should know where the originals are kept and have personal copies. Also, before appointing a POA, be sure that person understands the wishes of the care recipient and is willing to accept the responsibility. Finally, it’s a good idea to review these documents every year or so, as things change.
Other Important Documents
In addition to advance directives, it’s necessary for caregivers to know how to locate and gain access to a long list of essential documents that belong to the person for whom you are caring.
Once you have located these documents, it’s recommended that you make copies (be sure to copy both sides) and store originals in a bank safe-deposit box or portable fireproof box. Copies can be kept at the care recipient’s home, but as caregiver, you should keep a file cabinet or binder with copies of these important documents for easy access. They can also be kept in electronic files as long as they are backed up. Additionally, copies of certain legal documents, such as wills, trusts, or advance directives, should be kept at an attorney’s office. Remember, a copy of a healthcare directive and DNR should be kept on the person (purse or wallet), as well as on file at the physician’s office and other medical facilities.
Checklist of Important Documents
Source: pbs.org/caringforyourparents (in conjunction with AARP)
Visit www.sprypub.com/Caregiver to download.
Again, this list of documents may seem daunting,
