What is legal planning?

We often assume our loved ones will know our wishes about medical care should should we become incapable of making our own decisions. More often than not, however, we have never actually discussed these wishes with family members or a designated individual. Life-planning decisions should be discussed as early as possible so you and your loved ones can thoughtfully consider options and voice your values. It is recommended you appoint a person who will know where you keep your legal and financial papers, as well as have a plan for handling your affairs in the event you are unable to do so. Getting your legal affairs in order is one of the greatest gifts you can give your loved ones.

Health care directives are actually a set of documents that describe your health care wishes.

1. Health care declaration or "living will": a written explanation of the type of care you would like should you be unable to communicate at the time of illness; specifically this document addresses the use of artificial life support, mechanical ventilators, cardiopulmonary resuscitation (CPR), feeding tubes, pain medication, etc. It is important to note if you choose to refuse life support, this does not mean you refuse all care; you can request specific life support measures, comfort care and pain medication.
2. Durable power of attorney for health care (DPOA for health): a document granting power to someone you choose to make health care decisions should you not be able to do so. These decisions address treatment, selection of health care providers, institutional or home care, organ/body donation and more. This is a simple 4 page document that can be completed without hiring an attorney. DPOA forms are available in most hospitals, office supply stores and on-line.

The living will/advance directive allows you to name a person to direct your health care when you cannot do so. This is your "health care representative" or "attorney-in-fact" for health care. Make sure you choose someone who will follow your instructions and insist that your wishes for end-of-life care be respected. You should discuss your choices with your doctor and your identified health care representative to ensure they understand and agree to honor your wishes. If your doctor can not agree to honor your living will/advance directive, he/she should refer you to one who will.

Legal planning also includes elements of financial planning:

1. Durable power of attorney for finances (DPOA for finance): a document granting power to someone you choose to make financial decisions should you become incapacitated to do so. It can help people with dementia and their families avoid lengthy and expensive court actions that may take away control of financial affairs.
2. Living trust: an arrangement in which one person, called a trustee, holds legal title to property and funds for another person, called a beneficiary. You can be the trustee of your own living trust, keeping full control over all property held in trust. Essentially it is a trust created while you're alive, rather than after your death.
3. Will: a legal document that describes how your property will be transferred and who will care for your children (if applicable) after your death. Making a will requires you to choose and name an executor (the person who will manage the estate) and the beneficiaries (the people who will receive the estate).