Legal issues, which effect the elderly, are growing in number.  Laws and regulations can be complex and confusing.  It is important to plan proactively to ensure that one's wishes about the future will be respected.  There are times when a person becomes incapacitated through accident, terminal illness, or advanced chronic illness (such as Alzheimer's disease).  Planning in advance is important so family members and health care professionals don't have to guess what the person's wishes would be.

There are two types of written documents called advanced directives that can guide health care decisions in the event of a person's incapacity: the Living Will and the Durable Power of Attorney for Health Care.

A Living Will is a legal document in which a person can specify the types and extent of health care treatment they prefer if they become terminally ill, and are unable to make their wishes known and cannot participate in the health care decisions.  The law states that you are terminally ill if you have a condition that is incurable or irreversible and for which medical treatment will only prolong the dying process.

A Durable Power of Attorney for Health Care is a legal document that allows you to appoint an agent to make health care decisions for you if you are unable to make decisions due to incapacity. It is important to include written instructions so that future care decisions will be based upon your beliefs and preferences.

The Living Will and Durable Power of Attorney for Health Care differ in two ways.  First, with the Durable Power of Attorney for Health Care you do not require a terminal condition for your agent to have the authority to act on your behalf.  Secondly, the Durable Power of Attorney for Health Care does not specifically allow you to express your beliefs.  It allows you to appoint an agent(s) to make health care decisions for you without specific instructions.  It is advisable to have both a living will and a durable power of attorney for health care decisions to be sure that your wishes will be respected. 

Additional documents that are important to execute include an up to date Will and a Power of Attorney.  A Power of Attorney is a document by which one person authorizes another to act legally on his or her behalf - to sign checks, enter into contracts and buy or sell properties.  It will not strip an individual of their own legal powers; they can still make decisions, vote and control their own legal and financial affairs.  It simply names a deputy who can handle some or all of these matters.  A Durable Power of Attorney will remain in effect even if someone is deemed incompetent. Upon death, the Power of Attorney is no longer valid.  Power of Attorney can not make health care decisions.

A Conservator is someone appointed by a Court of Law when it has been demonstrated in a court hearing that an individual is incapable of making and/or communicating his/her own decisions.  It must be proved that there are no less restrictive alternatives in meeting an individual's needs.  This is an expensive option, so it is important to plan ahead with other forms of decision-making powers.