3. Incapacity planning

Question 1

Living wills and advanced medical directives

Answer 1

1. must be drafted in accordance with state statute. DPOA for health care usually does not substitute
2. Covers only narrow range of situations; usually applies only to terminal
3. Does not appoint a surrogate decision maker; rather, informs physicians of decisions the patient has already made regarding certain life-sustaining treatments.
4. Vagueness or ambiguities may create problems

Question 2

Durable power of attorney for health care

Answer 2

1. Appoints person to make health care decisions for the principal
2. May be springing (become effective) on incapacity
3. Recognized in most states
4. May not be used to terminate life-sustaining treatment in some states
5. Durable means the power remains effective even if the principal becomes incapacitated. It does not remain in effect after the principal passes away

Question 3

Durable power of attorney for property

Answer 3

1. Written doc. Must be
   
   1. At least 18
   2. Competent
2. Survives the person’s incapacity, but not death
3. Power may be limited or unlimited
4. DPOA may negate need for guardian appointment
5. Provides for continuity of affairs
6. Power may be springing or nonspringing
7. Any power is revocable by principal
8. Usually less expensive than a livint trust or conservatorship
9. DPOAs can be abused, so selected should be trustworthy
10. Particularly important for nontraditional couples