Home: Estates

ALICE IN LEGALAND
ANSWERS AN ESTATE QUESTION

Question: I am seventy five years old and have been diagnosed with Alzheimer's disease. Since I expect to that I will become incompetent prior to my death, I decided it is time to plan for the period of time during which I may be unable to make my own decisions. Should I be executing a living will or a heath care proxy?

Answer: A living will can set forth in detail what you would and would not want done by any treating physician if you were unable to express your wishes (i.e. intravenous feeding and hydration, pain medicines that may hasten death, respirator). This document can be as detailed or general as you like. If you have strong opinions on the foregoing subjects, a living will is your opportunity to make them heard. If you are undecided about your wishes, then you may prefer a health care proxy which appoints a third Party to make decisions for you at the time they are necessary. It is important you appoint a proxy with the same beliefs as you. You may also consider executing a Durable Power of Attorney along with either of those documents. This document is the same as a regular Power of Attorney but it survives incompetancy. Thus you would have someone making medical decisions for you and someone making financial decisions for you.