What is an advance healthcare directive or living will?

Transcript

Hi. Good afternoon everyone. Thanks for joining me on Pink Mic Legal Confessions, today. We are covering something that's a little bit interesting little bit sad at the same time, but a lot of questions we get regarding healthcare directives are typically ones that we wanna cover on our show today. So today we are talking about what is the advanced healthcare directive or living will now, There are a lot of things that you can read in the web about these types of things. Depending on what you're looking to do and what your objectives are. You would sign one and not the other, or one and the other. So it definitly depends on your goals, but I kind of wanna demystified this because when we think about directives and all this living will and these little documents that we create as attorneys, but we throw the terms out there like you already know what we're talking about. Those things are important to discuss because at any age, unexpected medical issues can come up. And so if you're watching this, you already know that it doesn't matter if you're young or you're old, anyone can get sick at any time. And so when this happens, it could blindside a family, it could really cause a lot of chaos. And so family members usually don't know what the next step is at that point. So I would hope by watching this you can at least get more informed about some of the things you could do to best prepare for this sort of thing and what people don't know, and one of the misconceptions I should say is that people don't know that if you don't have the proper legal documents in place when you have an accident um, once you can't make your own medical or financial decisions or perhaps you can't really more so make healthcare decisions on your behalf, there is no one that just has an automatic right to it. And so, Loved ones can't just step in and say, I'm gonna do it because I'm the spouse. Not always true. And having some of these documents can really help give power back to the families family members and to yourself, quite frankly, to allow your loved ones to manage your affairs. The way that you would've wanted. And so, when we talk about these things, I mean, I just feel like too many people don't wanna discuss it cause it's sad. But I just wanna make sure everyone's clear that healthcare directives are the best thing you could do for your family no matter what age you're at. And so really quick, I always like to introduce myself if I haven't said it already. Maybe you've seen the previous videos, maybe not. But my name is Stephanie Garces. I'm the owner of Garces Law firm in Palatine Illinois where we help everyone prepare for the unexpected. And today we are discussing individuals, couples and I should say young and older people. All generations. We're talking about health. Everyone is in charge of their own health up until you can't. And that's what we're talking about. So we're here to help individuals, couples, and parents secure their healthcare directives and their plans and their legacy. All right, so I always talk about this because these documents are ones that are very difficult to discuss and put together. So you really need to make sure that you understand the difference between them, but also to what extent one would be needed and not the other, or maybe both are depending on your estate plan. And so one of the best ways you can basically kind of plan for the unexpected, especially for future and unexpected situations when it comes to your health, is when you can't make decisions for yourself. It's also true that, you just don't want someone to step in and say, Okay. I know what's best and I want them to do X, Y, Z cause that wouldn't be fair. Right? And so a lot of times when we talk about putting your documents in order, it gives direction, it gives guidance, it actually allows you to actually make decisions and govern when you can't actually do it the very moment. And so people don't like to think about these things, creating healthcare directives and creating a living will. And you may be watching this and say, I'm healthy. I don't need those. But you know what? I always encourage people that as soon as you turn 18, Everyone should have these, These are not documents that we should wait till later until we get older or something like that. I think that's the biggest problem is that people wait and they wait till they have kids or they wait till they're not feeling well to then start doing these things. And it's always really good to try to do these ahead of time. And so, Of course we don't wanna talk about these things, but when it's time to plan it's better to have someone that you trust in your corner to make decisions for you. And so, typically when someone isn't able to make their own decisions, they're not conscious they're not alert, they're not aware, and they're not in a healthy state of mind, usually this is where these documents come into place. So really the purpose of creating these documents is to ensure that the person whose medical wishes are now spelled out. These documents are actually upheld. And so family members specifically or loved ones are given this legal responsibility. And the legal responsibility and permission to act is really the thriving purpose behind these documents. And so most of all when you create these documents, it also eliminates the additional distraction of fighting between the family members or perhaps your could have a blend family, maybe other extended family members, or perhaps your children can fight amongst each others. And so it really allows you to go through a lot of the hurdles ahead of time. That really causes stress and during times of anxiety individuals can act desperately. So it kind of eliminates that if you have these documents, because the documents speak for themselves as soon as you've created them. They are speaking as soon as they're needed. So that's a good thing about having them. When we talk about primary functions, by the way, of advanced healthcare directive or living will, usually I try to narrow these down to very concise points that you understand what the difference is. The first one is it gives direction to family. And by the way, the medical professionals that are treating you or your family members at the time. So when you're not able to make your own decisions and you are looking, they're looking, I should say, for what you wanted, these documents say it. And so when you're not able to make your own decisions basically it's required in most states to have a healthcare directive. Another thing that's really important is to designate a legal power of attorney that can actually be done by these documents to make decisions for you when you cannot make them yourself. And by the way, this, oh my camera. By the way, this could actually be any, in any form. So just because you're lose capacity, it doesn't actually mean that you are passed away. And one of the things that people always ask me is, can I use powers of attorney? anytime that I want? Now when we're talking specifically for healthcare power of attorney, this is where this document comes into play only when a doctor, for the most part, has qualified this person as not having capacity. So you don't just get to use it unless the healthcare directive is written in that way. But usually the, I wanna say general rule is that it's used if someone is not able to make decisions. And so usually physicians are involved with determining when someone lacks capacity. Right. That would make sense. That's why they go to medical school . But you know, people also ask, can I use this for my elderly parent who is maybe now suffering from some sort of medical issue where they maybe they would prefer if I make the medical decisions? Yes, you could certainly make them active as well, whenever that works. So just something to keep in mind. When we talk about also another reason to have these and a really important reason is you wanna make sure that your documents are in place to eliminate the legal complications associated with managing legal or financial affairs when it requires authorization. financial powers of attorney is another directive that we offer to track back the legal complications that come up whenever somebody is trying to make your own decisions for you, it's a problem. So you wanna make sure having these documents in place really help and they really help with guiding and providing some sort of direction to your family, especially when it comes to your finances. That is a power of attorney. That is an option, and that does allow them to make your decisions for your finances whenever that becomes an issue. And so what is a role of a lawyer in all this? Well, Plenty of people will tell me, I have found these online, I have gotten these elsewhere. But having a a lawyer really review your documents, go through it with you line by line really is helpful. And the reason is because preparing a living will is to basically plan for any unexpected scenario so that the family doesn't have to plan for it. And so as attorneys, we think about the worst. and we also think about the best. And so we basically run through scenarios with you of, is this someone you would wanna put in charge of your medical and financial decisions. We also talk about who is it that's in charge and why are you picking them? Are they local? Are they someone that's in another state? Would they be easy or hard to get ahold of? Is it someone that you trust that can make these decisions and not feel overwhelmed to the point that they can't act? Those are the things that we discuss, and so as attorneys we always think about the worst, like I said, and also think about the best, which is what really our role is. We also ensure that the documents are compliant with state law, which is very important because like I said, plenty of people could go on the web and get one, but what you don't know is you don't know. Those are compliant with the state of Illinois. And so this is a very important topic because I think a lot of people underestimate what could be accepted and what could be rejected at the time these become needed. That's one of the things that we do, and we make sure that they comply even with, as far as notarization goes, which is some of the requirements on these docs to make sure that they're perfect, that there's no room for error. And so, that's one of our key roles in creating these and really what sets us apart from just doing it yourself. Another thing is we really support the family structure and the loved ones that are involved with these tragic and emergency incidents. And so, uh, we are their guide, we are their counselor. We get calls all the time for individuals that we've helped in the past, and perhaps the family member is looking to get a copy of something or they need to figure out what did mom put in her power of attorney or did mom have a living will, that sort of thing. So just to recap, for those of you that are just joining me, I'm Stephanie Garces Donat, owner of Garces Law Firm in Palatine, Illinois, where we help everyone, parents, couples, and individuals prepare for the unexpected, secure their legacy and secure their financial future, and now the future of their health with the proper legal documents. I always like to talk about this topic because I think it's a tough one. What is a advanced healthcare directive or living will is the topic for today. I always welcome our viewers to join us here at one o'clock on Tuesdays. and make sure that you always share these if you're interested with your family and parents, guardians, et cetera, to see if we can be of assistance to them. Because now I know many of you have questions about some of the stuff that we put up, and I like to share some of the questions that we get along the way. And so one of the things that someone had messaged me on this matter is when will the advanced healthcare directive or living will go into effect? And as I mentioned earlier, this is a very good question. Typically, these goes into effect when you as an individual are not legally or mentally able to make your own decisions. And so there usually is a formal physician to do an analysis, an assessment to see if you lack capacity, can you make your own decisions? And so doctors are trained to do this. Now you might be thinking that is that all? Well, typically, that's usually how it goes because there has to be a formality to this. We can't just use healthcare directives because this person's making us mad and I don't wanna use them. So usually these come into play. When there's a situation where they can't make their own decisions. A person cannot communicate their medical wishes. And so doctors really are the ones that kind of make the call as to whether someone is lacking capacity and able to make the decisions or not make their own decision. That's really what happens there. Another question that I get is do the doctors decide how to handle your condition instead of your family if we don't have these documents? Well, it's, it depends because, there are powers of attorney that sometimes physicians will give the family members if that's a possibility. Sometimes they allow that to happen at the actual hospital and there's other times where there isn't a possibility. There is no family member or perhaps there is no way to really allow a family member to just make the decisions. It's really tough because a lot of times it's not an easy one size fits all answer. And so this is really why you wanna make sure to have these documents in place because if you don't, you're really leaving it up to chance. You're not really giving any directions to the family. And like I said, no one just has an automatic right to make your own decisions. And I think that's the one of the biggest important aspects of this as to why you should consider it. So that's a great question. Another question that I got is, How is working with an attorney different than creating something online? And I mentioned this all the time before in previous podcasts, but also today in that online cannot talk through certain scenarios with you. Online doesn't give you advice as to what makes your documents legal and actually ones that are likely to be recognized as opposed to the one size fits all approach. So there's certain things that a site or perhaps, other websites or online sources can't give you. And the law is constantly changing, And I think getting things online is, again, very risky because we cannot guarantee anything. I do have a number of people that come to me with their online document that they received and almost always they look very standard and not always, but most times there are always gaps missing certain things that are not addressed in their documents that are always really a shock to me. So that's really the difference is that we're always getting up on the know, I should say. We're always reading and updating ourselves as attorneys on what are the latest updates, what are things that are more important to include than others. and the online sites, you don't know when they're updated. You don't know even if they're in compliant with your local laws. Those are really the biggest differences, and that could really be the difference between something that is honored for their medical wishes and something that isn't. So just something to keep in mind. Another question that we get is how do I know who my power of attorney is if I can't find my documents? This is a great question because this happens actually a lot at our work. You can always call the attorney that prepared it. And so there is a section most times in some of the forms. Or perhaps you have the card and the information of the attorney that would've prepared them initially. You can contact them and we usually have a procedure as to who we can speak to about these documents and who we can't. And so if for some reason you can't find them, you could certainly call our office and we would be delighted to give you a copy, assuming that you need one. And so usually, That is how you find out who the power of attorney is. So that's a really good question. We've had this scenario too, where a family member will call because they are looking for it and their significant other or their family member is unconscious and not able to make their decisions right. Or lack capacity overall. And so depending on if we have authority to speak with them is when we usually talk with them about that. So it was kind of a case by case basis, but for the most part your attorney should have 'em. Another question that we get is how often should a living will be updated? Now this is a great question and I kind of wanted to sort of talk about this in the abstract. , but not get too into the weeds with it. When we talk about healthcare directives living wills specifically, we usually have living wills for individuals that are looking to basically give instructions and directions to their loved ones and healthcare professional professionals saying that you don't really want artificial means to stay alive in the event that there's an imminent , death coming. And so, a living will should be updated. If it's old, if you've had it for many years and you made it many moons ago, you might wanna make sure an turning looks at it to make sure there hasn't been any recent updates. That's always a good time if it's an older living will. Another time you could look this up and to kind of update it is when you have a change in circumstances. So sometimes people will say, You know what I had this thing happen to me where I got sick, and I definitely don't want artificial means, or I do want artificial means, or whatever the case may be. This is a good time to look at some of the documents you have because some people's values and views change over time, and so we always encourage individuals to look over their estate plan to make sure they have what they want in them, and that they're not just putting it out there an old version of what they wanted, if it's not what they want. So that's really a good time to update them. And same thing goes for powers of attorneys documents, power of attorney documents. Again, these are usually valid while you're living. And they do usually require updating if the people that you have named as the individuals that will make your own decisions for you I should say, will follow the instructions you gave them with your decisions. Typically you wanna update those. If you've had a change in your personal life, perhaps you no longer speak to the agent that you've assigned or perhaps they've predeceased you. Some people even have exes on there. If you don't want your ex to make your medical decisions, probably the idea to update those. Also school of thought where people will put for example, their sister, but perhaps sister now is out of the country. And it wouldn't make sense to have them because they're not nearby or maybe they just don't talk as much. You wanna put one of your children, that's an adult. That's a time to update it too. So I always say with life events you may wanna consider updating those. The other question that we get a lot is what happens if someone dies without a will? It can be a couple of things. It depends first how much that person have upon their death as far as money. And so the answer to that question will really dictate the answer to this question. And so usually someone that dies without a will assuming they have assets, could end up in probate court in Illinois. That basically means they have to open up an estate to see who the heirs are, who would be in charge of what. That is really what happens if the person has a significant amount of assets. However, if the person is someone that has assets but not over a certain amount, meaning like a hundred thousand usually is the threshold. There is a small estate affidavit that can be prepared to basically address some of the issues that arise when someone dies without a will. So those are kind of the weird, things really that pop up if someone is worth over a hundred or under a hundred. And I say weird because a lot of times it's foreign, it's not really comfortable to talk about, and it is quite costly and time consuming. So the way you could've avoid all of that is by putting together a simple estate plan. And I always say everyone should at least have a will. Just say will. I mean, at the very least, it helps. It helps everybody. The other thing is really quick before I forget as well, is make sure that when you do your will, you're also consulting with an attorney in the state that you live. Because the things are constantly changing and in today's day in age, you can't really rely on the internet to be your lawyer which is what I always say. So make sure you're going with the appropriate counsel to help you with that. Also as far as consultations go, we are still offering virtual or in-person consultations. And so I say still, because I think in today's world, every, everybody is busy and nobody has time to come to our office. And so we offer virtual consultations. I think nowadays everyone's used to this, but if you have a smartphone, we could do it this way. If you don't have a smartphone, If you have a computer, that works too. But we do consultations virtually and in person, in English and in Spanish for those of you that are looking to get that service as well. Very important to have someone that can communicate with you and your loved ones when it comes to their estate plan. So as I always say, you can always text or call at the number below to make a consultation, but also to book an appointment with us to kind of discuss updating or maybe revisiting some of your stuff. So make sure you kind of just give us a call ahead of time. Make sure we can get you in the books. And as always, you could check out our website. We do actually have individuals that can kind of help answer some of your questions on our website, so feel free to chat us there as well. But really, I wanna thank you all viewers for watching today. Today's really a big day for us because we're discussing healthcare directives and living wills and the like. So if you're watching this and wondering why haven't you done this yet? It's probably because you haven't put the time aside for it. So do yourself a favor and just make a consultation with us. And we will be able to help you and guide you in about 30 minutes in what you need. So, if you have any questions, feel free to reach out at the email or the number below. And I invite you to join me again here on Pink Mic Legal Confessions on Tuesdays to discuss what the next steps are for you and your family to protect yourselves. So feel free to share these recordings like I always say. And thank you all so much for your time. I hope you a wonderful day.