Telling Others How to Care for You If You Become Ill

There are two documents that are required by statutory law in order to allow your loved ones to institute your preferences in situations where you are seriously ill, or cannot make decisions for your own care. They are a Living Will, and a Durable Power of Attorney for Health Care.

In the creation of a Living Will, you are writing out your instructions to your loved ones for how you would like to be treated in the event you are unable to vocalize your wishes yourself. This document may address things like critical care and illnesses, what to do in the event of serious accident or injury concerning life support and feeding, and in some cases, your burial instructions in the event of your death.

Some people believe that burial instructions are best left in your Last Will and Testament, however, by the time this document is read, the arrangements have typically not only been made, but are completed. Having a complete Living Will gives your family a clear and concise plan for all of your wishes in terms of health care, death and burial.

The second document, a Durable Power of Attorney for Health Care deals strictly with granting the permission necessary to carry out the wishes in your Living Will; though you may also include your specific wishes in this document as well. The main purpose of this document however, is to appoint a specific person, whom you can trust, to the position of your health care trustee, or the person who will make your health care decisions for you when you are not able to do so.

Both of these documents can be drawn up for you at the office of your attorney, and it is generally a very good idea to discuss their creation with your personal attorney prior to activating them. They may of course, be revoked in writing by you at any time.

Remember to Update Your Will with Every Life Changing Event

Having a baby and getting married are all joyful times in our lives. The one thing that we may forget to do during this happy period is update our Will to reflect our changed marital status or new parenthood status. However, these are some of the most important times to reflect on how we would like to provide for our loved ones or maintain our real or personal property.

Reviewing all of your Estate Planning and Last Will and Testament, along with your Living Will, Power of Attorney, and Durable Power of Attorney for Health Care, will give you and your family the piece of mind necessary to feel secure no matter what may happen. While we don't need to dwell on the idea that our loved ones will die, it is important to have a solid understanding of what will happen to everything from jointly owned properties, to how our surviving family will be provided for, in the event of an unexpected accident or worse.

In particular after the birth of a child, your situation will change dramatically in terms of how you will set up and establish heirs, and your executor, as well as a guardian for your child. You may decide that a Trust situation will serve the best interests of your child better than anything else and simply have a Trustee to oversee the estate.

Seeking the counsel of an experienced Family Law attorney for the information that is specific to your individual situation, and the best course of action for you to follow, is always the wisest choice.
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If you have questions about this posting or are interested in Divorce, Immigration, or Estate Law in RI or MA contact Massachusetts and Rhode Island Divorce Lawyer Rui P. Alves at 401-942-3100 or CONTACT him via email.