Living well Your Health & Wellness

When you cannot act for yourself, have you made your wishes clear?

Written by Diane Archer

Planning ahead for the unexpected should include having a written will, living will, durable power of attorney and a health care proxy. All of these documents will help ensure that your wishes are honored when you cannot act for yourself.

More than one in three people over 60 do not have a will. If you are among them, you should consider engaging an attorney to prepare one for you or writing one on your own. There are many online tools that can help, if you decide to prepare your will without the aid of an attorney. You can find a Just Care post on how to make your own will here. If you already have a will, you should check it periodically to make sure that it’s up to date.

If you have a will, you will need an executor. The executor is the person who oversees the execution of your will,  taking care of your property, paying any debts you may have, and distributing your assets as you have detailed in your will. The executor is usually a close family member or friend.

You also want to identify someone to whom you give durable power of attorney and put that in writing. The durable power of attorney gives a person you trust control over your finances and anything else you’d like–to the extent you desire–if you are not able to act on your own behalf. So, for example, if you are unable to pay your bills, the person to whom you give durable power of attorney would be able to do so on your behalf.

Your health care proxy and living will collectively are the two parts of what is called your advance directive. Your health care proxy is someone you trust to act on your behalf and express your wishes in a medical emergency, if you cannot speak for yourself. For example, do you want to be kept alive on a ventilator or not if your brain is no longer functioning? You can download a health care proxy form online here. A living will states your wishes about your health care if you cannot speak for yourself,

Keep your will, health care proxy, living will and durable power of attorney documents in a safe place. And, make sure that someone you trust knows where you keep them. You should also make copies to share with your loved ones.

It’s generally advisable to talk to the people you love and trust about your wishes. You might want to tell them who you’ve named as your executor and health care proxy, as well as who has durable power of attorney. They can be the same or different people.

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