Leaving Legal Documents Like These Truly Helps Your Loved Ones
I have experienced many deaths among close family, friends and even clients. I have learned that preparation makes all the difference and one of the greatest gifts you can give to those who are left behind is to have vitally important documents prepared and signed in advance.
I once knew an ailing aged banker who was so considerate of his family in advance that he had his house appraised so they could sell it if they wanted. What a wonderful gift that was, especially because the death of a loved one is so emotionally tough and it’s sometimes very difficult to stay focused enough to make sound decisions. Having a will and being prepared also helps makes your wishes clear so there are fewer family squabbles later on.
When considering the types of documents, you need, a lot depends on your assets and the complexity of your estate. One thing is critically important: make sure to inform one person of where you keep your important documents including these:
- Birth certificate
- Marriage/divorce certificates
- Social security card
- Insurance documents/policies
- Financial documents including all bank accounts, check books, safety deposit box and access information
- Titles to cars and other assets
- Any advance directives (See below)
Speak to your insurance company and ask them what happens when you die and what your family will need to know. Ask your financial adviser, if they need contact information for family members in case of an emergency.
Your Medical Wishes
If you want your wishes regarding medical treatment followed, create An Advance Directive. This is a written statement describing your medical treatment, should you be made unable to express your wishes. According to the law, you have the right to make an advance directive before you are admitted into a health care facility or under the care of certain providers who offer Medicare and Medicaid within hospitals, nursing homes and personal care services. Make sure someone in your family knows where this form is located and ask your provider to keep a copy in their records as well. An advance directive, can also appoint another person to make decisions for you such as a Power of Attorney for Health Care.
A Health Care Power of Attorney
This is a person you empower to make medical decisions for you in case you are unable. Your “attorney” can be a spouse, partner, friend or family member. This individual can make sure your wishes are fulfilled regarding life support, religious considerations and other scenarios.Your Health Care Power of Attorney document will need to be signed and witnessed to be binding. Click here for a link to the Illinois department of public health regarding Health Care Power of Attorney.
If you are in Nebraska, here is a copy provided by the Nebraska Department of Health and Human Services This version requires a notary additional to witness signature.
A Living Will is different.
While a Health Care Power of Attorney becomes active when you are unable to speak your mind, a Living Will only become active if you are terminally ill and unable to express your wishes with a sound mind. This will can prevent death-delaying procedures you do not wish to be performed so it’s very important. Here is a link to a Living Will Form
A Mental Health Treatment Preference Declaration form
This document concerns your mental health. Under law, you are allowed to appoint an ‘attorney-in-fact’ to make decisions for you regarding your mental health should you require electroconvulsive treatment (ECT) or psychotropic medicine making you unable to make decisions on your own. It can also allow you to state whether you wish to be admitted into a mental health facility for up to 17 days of treatment. The attorney-in-fact that you appoint, must make decisions consistent with your outlined desires regarding your mental health unless they possess a court order stating differently. The document expires after three years but you may cancel it in writing prior to that.
The Do-Not-Resuscitate (DNR) Form
Another very valuable document is a DNR, an advance directive that states you do not wish to receive cardiopulmonary resuscitation (CPR) or any other form of assistance, should you become unable to breath on your own. The form needs your signature or your Health Care Power of Attorney’s signature and can also be used to record your desires for life-sustaining treatment.
What happens if you don’t have these forms and are unable to make decisions? In the state of Illinois, if you are unfit mentally, a health care surrogate will be appointed or chosen for you. This can be someone close to you: a guardian of the person, spouse, parent, adult sibling, grandchildren or close friend. You should know that a surrogate has limitations such as when to withdraw or withhold life sustaining treatment unless you have a ‘qualifying condition.’ Click here for more information on health care surrogates in Illinois.
Be a gifter and worry-lifter — know what you need to do; speak with your family, friends and loved ones about your wishes and thoughts and put it ALL in writing to ensure that everyone knows what your desires are. That’s what we have learned at Pick Fence Home Care and we are happy to share.
About Picket Fence Home Care
Picket Fence Home Care is proud to offer clients state-of-the-art and state-of-the heart treatment services in the peace and safety of home sweet home. We are a non-medical service provider that treats our clients like family, helping them to overcome hardships and live rich, fulfilling, independent lives. For those recovering from surgery, disabled individuals or seniors who need help with acts of daily living strive for the highest possible quality of life with a warm touch and unsurpassed compassion.
Resources:
What to do when a love one dies.
http://kevinwilliamslaw.com/faqs/frequently-asked-probate-questions/what-should-i-do-when-my-loved-one-dies-in-illinois/
Information on Advance Directives: http://dhhs.ne.gov/behavioral_health/Documents/Advance_Directives.pdf
Health Care Power of Attorney: http://dph.illinois.gov/sites/default/files/forms/forms-legal-power-attorney-040716.pdf
Attorney Advice: Law Office of Ronette Leal MtCarthy https://www.facebook.com/lifescounsel/
Living Will Form:
http://www.dph.illinois.gov/sites/default/files/forms/living-will-040416.pdf
Attorney of Fact Stipulations:
http://dph.illinois.gov/topics-services/health-care-regulation/nursing-homes/advance-directives
DNR Form
http://www.idph.state.il.us/public/books/dnrform.pdf