For many people, the process of estate planning includes making preparations for the latter stages of life, and there are a number of things to take into consideration. One of these is the possibility of incapacitation, and when you look at the statistics you can plainly see why planning for it is prudent. When you live during an era when people who have reached their mid-eighties and beyond are the fastest growing segment of the society it is clear that incapacity is something that you may well face during the latter stages of your life.

If a time comes when you can’t make medical decisions in your own behalf your family will be asked to make these decisions. Different people may have different opinions with regard to what is best for you or what you would do if you could make your own choices. The issue of being kept alive through the use of artificial means is often at the core of these disagreements, and we all remember the highly publicized Terri Schiavo case and how strongly family members can feel about the subject.

The way that you can nip this kind of thing in the bud and seize control of your own decision making come what may is through the execution of advance health care directives. One of these that is very commonly used is the Physician’s Directive, or what is sometimes called a “living will.” With a living will you state your medical preferences in writing and they become legally binding. So if you were to become incapacitated your family members and physicians would all be aware of your wishes and there would be no cause for disagreements.

The other advance directive that many people add is a durable medical power of attorney. With this instrument you name someone as an attorney-in-fact who can make decisions in your behalf should you become unable to make them for yourself. This is useful in addition to the other directive because something may arise that was not expressly covered in the living will document.

Tags: Advance Directives, Estate Planning, retirement planning