2402 W. Jefferson Street, Boise, ID 83702 Tel: 208-387-0729 Advance Directives: Proactive Planning That Benefits You And Your Family.

2402 W. Jefferson Street, Boise, ID 83702 Tel: 208-387-0729 www.IdahoElderLaw.com

2402 W. Jefferson Street, Boise, ID 83702 Tel: 208-387-0729 www.IdahoElderLaw.com

Advance Directives:Proactive Planning That Benefits You

And Your Family

Take Charge of Your Planning

• Accomplish Your Goals Both While You’re Alive and After You Die

• Save Time and Expense For Your Spouse and Surviving Kids

• Obtain Peace of Mind• Avoid Family Dysfunction, Stress and

Heartache

OURGREATEST FEARS

Having Hard-Earned Life Savings Consumed By Long-Term Care Costs

Not Being Able To Pass Something Down To The Kids

Being A Burden Creating Strife For Family Members

Suffering/Pain At Life’s End

Planning Ahead Can Help You Address All These Concerns

• DEATH IS A FACT OF LIFE• PLANNING FOR DEATH IS ONE OF

THOSE SMART, ADULT THINGS WE ALL SHOULD DO… BUT OFTEN PUT OFF.

• WAITING TO PLAN IS NOT A GOOD PLAN!!

Advance Directives

Your chance to give direction, in advance, as to how you want to be treated from a health care perspective, if you cannot speak for yourself.

Two Documents:1. Living Will2. Durable Power of

Attorney for Health Care

Living Will

Narrow ApplicationTwo possibilities -- Youare either:1.In a terminal condition

and your death is imminent; or

2.In a persistent vegetative state.

You can’t speak for yourself.

Three Choices In Idaho’s Living Will

• #1: All medical treatment, care, nutrition, and hydration be provided.

• #2: If artificial life sustaining procedures artificially prolong life, procedures withheld except for nutrition and/or hydration.

• #3: If artificial life sustaining procedures artificially prolong life, procedures withheld including withdrawal of nutrition and hydration.

Health Care Power of Attorney

• You name someone else to make medical treatment decisions for you if you cannot make them for yourself.

• Agents DO NOT sweep in and automatically start making medical decisions for you;

• HIPAA Release included to insure agent has access to all medical records;

• Give careful thought to the people you name;• Name a primary and at least one, if not two,

alternates.

Why Bother?

• With No Advance Directives:• Family members who don’t know your wishes and

may not share your values could make decisions for you;

• Others could step forward and have to make decisions for you under Idaho’s Medical Consent Act;

• Could lead to disagreement/conflict between family members (Court);

• Could lead to guardianship proceedings (Court).

Question 1 – True or False?

• After a patient is connected to life support systems, it is legally difficult to withdraw him or her from the life support system.

False


• Without a living will, the doctors and hospital must put and keep a terminally and incurably ill patient on life support systems, regardless of the cost.

False


• If Emergency Medical Services (EMS) are called to resuscitate you and are shown a copy of your living will, they will respect your wishes.

False


• If you have a living will, you should also have a Do Not Resuscitate order (now covered by POST, which stands for Physician Order for Scope of Treatment).

False


• The only way to revoke your living will is by tearing it up.

False


• Your agent under a Health Care Power of Attorney has the right to make all health care decisions on your behalf and can even make decisions over your objections.

False


• More often than not, when problems arise in getting health care providers to respect a patient’s living will, it is because of objections made by family members.

True


• A living will from another state is not valid in this state.

False


• A hospital or nursing home can insist that someone being admitted must sign a living will.

False


• The law is more concerned about protecting doctors than it is about honoring a patient’s wishes.

False


• The agent designated under a Power of Attorney for health care must always be a family member, if one is available.

False


• More than one family member may share the authority granted under a Power of Attorney for health care.

True

7 Steps To Put Your Advance Directive In Place

1. Discuss different options with the important people in your life;

2. Decide which option best reflects what you want;3. Select a person to be your health care agent (ask

them first!);4. Complete the advance directive (let’s do that now);5. File original in a safe place and provide copies to key

people;6. Register Directive with Secretary of State’s office;7. Review annually.

Idaho’s Quality of Life Coalition

For More Information/Resources:

www.IDQOL.org

ACCOMPLISH YOUR GOALS BY PLANNING AHEAD

Develop a Comprehensive Plan That Includes Advance Directives

•Get your ducks in a row with regard to your:• Estate plan (planning for death/disability);• Protecting assets against expensive long-

term care costs;• Making sure your end of life wishes are

understood and honored.

Thank You For Your Interest!Now…Get Going On Your Family’s Plan!

Presented By:

Peter C. Sisson, CELA, EPLSNational Board Certified Elder Law Attorney

National Board Certified Estate Planning Law Specialist

2402 W. Jefferson Street, Boise, ID 83702 Tel: 208-387-0729 Fax: 208-331-5009

www.IdahoElderLaw.com2402 W. Jefferson Street, Boise, ID 83702 Tel: 208-387-0729 Fax: 208-331-5009

www.IdahoElderLaw.com

Proactive Planning Benefits You and Your Family