What are end of life documents?  The term end-of-life documents usually includes the following:  
–     A will that provides information on who receives your property when you die.
                
–     A durable power of attorney that gives a designated person the right to act on your behalf in financial transactions.

–      A health care power of attorney that allows a designated person to make medical decisions for you when you are unable to make them yourself.

    –     An advanced health care directive, sometimes called a living will, that provides directions to your medical providers and someone who holds your health care power of attorney about your desires on end-of-life medical care.

    –     A HIPAA release form that allows the person you designate as your health care power of attorney to have access to all your medical records.  

Different states use different terminology but all states have statutes and common law that provide this information and give these powers.     

People often postpone writing end of life documents because, as the name suggests, they force you to think about your life coming to an end.  Many people think these documents are only are needed when people become senior citizens and believe their death imminent. Since no one knows what tomorrow may bring, we all should complete these documents at whatever stage of life we are in.  For example, if someone over 18 has an accident and is unable to decide about their medical care, do they want the doctors to decide their care?  Once a person turns 18, even if they are still their parents dependants for tax purposes, the parents do not automatically have the power to make these decisions.  Also, if these decisions must be made, and these documents have not been drafted and signed, the State will fill in the blanks.  In many, if not most, situations the State’s decisions about who will make these decisions for you will not match who you would pick, if given a choice.

Another way to look at these documents is that they are gifts to the rest of the family. With these documents in place, they minimize the guessing about what someone wanted when they can no longer speak for themselves.  The rest of the family will know what they wanted.  Remember, these documents are usually needed when a family is going through some kind of crisis such as a death or serious illness.  This is not the time for anyone to have to guess about what someone else might have wanted done.  Making these desires clear to family and loved ones, while still able to explain what is wanted, is a valuable gift any one can give.     
Get your parents and grandparents to draft these documents to make it easier for you and your family. And when they go to get their documents drafted, do your family a favor, and get a set for yourself too.  

You may find additional information about end of life documents by clicking here.

Note: This is not legal advice.  I'm not your attorney.  Some of this information will vary in your state. This provides general information and a start in deciding what to tell your lawyer.

Nancy Mayer, Attorney-at-law