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Will, power of attorney and advance directive: Important documents during a health crisis

Being prepared during a time of health crisis for you or a loved one is half the battle. Decisions and next-steps can come quickly during these times, which is why it is important documents like a last will and testament, financial power of attorney and advance care directive (power of attorney for health care) are completed.

husband and wife completing important documents including last will and testament, financial power of attorney and advance care directive
Your last will and testament, financial power of attorney and advance care directive are important documents during a health crisis.

You should complete or review the following to make sure your current wishes are known:

  • Power of attorney for health care (POA)/Advance care directive
  • Last will and testament
  • Financial power of attorney

Ruth Wagner, medical social worker for Marshfield Clinic Health System, counsels patients and their loved ones about these documents, considering their wishes and conveying that information.

“There are so many people who haven’t thought about them. We see it every day,” Wagner said. “Our goal is to guide and educate patients and families about the importance of these documents.”

If you’re 18 or older and you’re well, complete or review your documents, especially the advance care directive. Having decisions made when you’re healthy helps when your health may not be so good.

Wagner references the “4 Ds” as the life events when it is important to get documents done or reviewed:

  • Death – when your primary agent, the person you choose to have authority to make decisions, has died.
  • Divorce
  • Disease – a new diagnosis is made.
  • Decade – every 10 years to ensure they outline your wishes.

Power of attorney for health care (POA)/advance care directive

“If there is no POA, next-of-kin can’t make decisions outside the hospital,” she said. “If you’re incapacitated, can’t make decisions and you’re married, your spouse has zero authority to get you in a nursing home. If this document is not in place, your family will have to secure an attorney to petition for guardianship.”

If you can’t update the POA, talk to your agent and people you’ve listed about your wishes. “For example,” Wagner said, “if you get COVID and need to be on a ventilator, what do you want to have happen if you’re not getting better? Do you want to remain on life support? Do you want a feeding tube?

“It’s hard to plan when we talk to loved ones about certain situations but it is important. What if you’re not getting better? Do you want to have everything done to sustain life? Have discussions about specific incidents – a car accident, suffering a stroke, COVID. Conversations with loved ones before decisions are needed make it easier. When you’re really distressed it’s hard.”

Even if a loved one cannot be with you in person, they can help make decisions by connecting face-to-face via smart devices.

“People can help their loved ones make decisions without being with them in the hospital,” she said. “We want agents and family to know they can feel comfortable making decisions from a distance.”

Last will and testament

The last will and testament is important and matters only after you die, Wagner explained. This document can be completed by an attorney or online. To be legal in Wisconsin, only two witnesses are required for a last will and testament.

A POA and financial power of attorney are valid only while you’re living.

Financial power of attorney

The financial power of attorney helps manage your finances if you can’t do it yourself. “That’s important because if you’re on a ventilator for three weeks or in the hospital after you’ve lost functionality, how are your bills going to get paid?” Wagner asked.

If certain things are not in order and you’re incapacitated, no one can help.

Do you have a trusted person on your POA and bank accounts, so bills can be paid? Are you an authorized user on your cell phone plan?

“These are things you don’t think about,” she said.

Release of information

No information about your health status can be released to anyone if you’re hospitalized unless you’ve designated them. Have a release of information form on file with your health care provider. Include who’s important to you. Medical staff won’t release information otherwise.

“For example, if my sister calls to learn my condition and says ‘I’m Ruth’s sister’ they can’t give information unless I’ve designated that,” she said.

Make a list

Wagner advises making a list of all your financial institutions, credit card companies, combination to your safe, regular bills and account numbers. Give the list to someone you trust. So much information is electronic and not available on paper in your home.

Then make a list of people to contact, to be kept with important documents.

“If I’m hospitalized and not doing well, my husband would have a list of people I’d want him to contact so they’re informed, like family or a close friend,” she said.

“Courts say ‘preservation of life’ so we preserve life for as long as possible if you’ve never had anything documented saying otherwise,” she said. “A 90-year-old man with a hip fracture is not eating. If there’s nothing documented, he’ll most likely get a feeding tube. It’s preservation of life.”

For details about helpful forms and medical records, go to the Health System’s website by clicking on this link.

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Advance directives: Who’s making your health care decisions?

 

9 responses to “Will, power of attorney and advance directive: Important documents during a health crisis”

  1. Mrs. Darlene F. Wechsler

    Our daughter who has POA for health has divorced and taken back her maiden name. Is it necessary to get all documents changed?

    1. Jordan Simonson

      Hello, Ruth Wagner said it is important to get documents done or reviewed after divorce. -Thanks, Jordan

  2. Nancy Post

    Do we need a trust in our children’s names to prevent the nursing home from taking our investments if one of us has to go there?

    1. Jordan Simonson

      Hi Nancy, Thank you for the question. We are not legal experts, so I would recommend talking to a lawyer about trusts and protecting your investments. -Thanks, Jordan

  3. Cindy

    I would recommend also having a Sharing of Information Form on file with your health care providers. That ensures medical staff can share information with the people you designate at ANY time you need help with a health issue, not just in a health crisis. The Marshfield Clinic explained the differences between a Release of Information Form and a Sharing of Information Form to me and I highly recommend having both.

  4. Shelli

    If a living will designated belongings/possession left to an individual and that person is now divorced. Does the property then go to that person..despite the divorced status?

    1. Jacob Zipperer

      Hello Shelli,

      A living will is a document that guides healthcare decisions when it pertains to a terminal diagnosis or persistent vegetative state. If you are inquiring about a Last Will and Testament, that pertains to leaving belongings after death. If you have questions about the will in regards to a divorce, we suggest you contact an attorney to determine the answer to that.

      Thanks,
      Jake

  5. Donna

    other than my attending physician, is there someone to assist in completing advanced directives that my husband and I can make an appointment with? We are both in our late 60's and in good health.

    1. Jacob Zipperer

      Hi Donna – thank you for reaching out,

      You can meet with an ACP facilitator by calling and scheduling an appointment at 715-221-7132. You could also call our Social Services dept in our hospital at 715-387-7890 and one of our Social workers would be able to assist. Community Resources at the clinic is available as well at 715-389-5008.

      Hope that helps,
      Jake

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