Healthcare planning utilizes a document called "Advance Directive",

which, as drafted by McINTIRE LAW CORPORATION, does the following:

• A. Appoints a person named by you as your proxy ( called your Agent ) to make health decisions when you cannot;
   
• B. Gives the proxy authority to make decisions only in accordance with the instructions contained in the Advance Directive;
   
• C. Withholds from the proxy any authority to authorize or withhold medical care contrary to your specific instructions;
   
• D. Defines terms used in the Advance Directive so that it is specific as to your personal wishes and desires, and faithful to your religious beliefs;
   
• E. Is worded to comply with the federal legislation restricting unauthorized release of medical information, so that your proxy has full access to all medical data and personnel;
   
• F. Appoints a guardian to care for your person, if such appointment is deemed to be necessary, without the need for court proceedings or a court order; and
   
• G. Instructs the guardian to care for you in the way you have provided in your trust.

2. The "Living Will" and Why you should avoid it.

• A "living will" is a document which is given to your doctor or the hospital which authorizes that person to withhold "life support" if you are in certain conditions which are broadly stated and usually undefined.
   
• Because of its generality, and the undefined terms, the document can be interpreted to justify just about any action regarding your health that the person with the document wants to do, including taking actions which cause you great pain, or which kill you, or allow you to die unnecessarily.
   
• This is why the "living will" ( which is literally an oxymoron ) is sometimes referred to as your death warrant, especially if (1) the medical facility stands to lose money on your continued treatment or (2) your beneficiaries stand to loose some of their inheritance if it is spent on your treatment.

3. Preparing an Advance Directive requires care.

Because an Advance Directive is intended to protect your life and your decisions regarding healthcare, it requires care and attention in its preparation, especially regarding the following matters:

• Selection of Agent and Alternative Agent.
   
• Instructions to Agent for treatment in all cases ( an often ignored instruction ) which directs the Agent to authorize treatment to cure, restore to cognition and to treat any injury or malady.
   
• Establishing the conditions when Agent’s authority becomes effective.
   
• Identifying the care and treatment which you are always to be provided, regardless of your condition, such as

• Compassionate care

• Whatever is needed to make you comfortable

• Pain medication
   
• Nutrition

• Hydration

• Basic oxygen

Directs how and where you wish to die ( if this is important to you ).   

• Home or hospice?
   
• With spiritual support
   
• Presence of family and friends
   
• Music, readings, prayers.

Directs that, before any treatment is removed, and/or when death is imminent, the Agent must take certain action such as

• Family notification

• Providing specified spiritual comfort

• 1. The general language used in the form is non specific and is misleading.
   
• 2. The standard form calls for checking boxes or filling in blanks on the questions listed in the form. The form does not give you a choice about other options. The issues involved cannot be so simply dealt with.

• 3. The primary issue is the value of your life. But the form deals with this critical issue as though your life was just a commodity.
   
• 4. The "standard form" does not define terms, nor disclose the consequences of your action. Because of its generality, it can be interpreted according to the wishes of the person reading it, whether or not that is your wish.

[Healthcare Planning-Advance Directive] [Protecting Yourself During Your Disability] [Protecting your Loved Ones after Death] [Providing for your Minor Children]