Dear AgeWiseLiving Friends,

You will find that Advance Directives are called by different names from state to state, but in New York State, they're called a Living Will and a Health Care Proxy - or collectively, Advance Directives. Advance Directives enable people to choose now what health care they would want should they become unable to communicate their wishes themselves. These responses should help you clarify the issues and reduce the resistance you may encounter.

Although I'm not a lawyer, I have made every effort to make sure the information is accurate. Thanks again to elder law attorney, Natalie J. Kaplan, Elder Law on Wheels, for your contribution to this newsletter. However, nothing in this newsletter should be construed as legal advice. And, as is so often the case, laws and terminology differ from state to state and each state regulates the use of Advance Directives differently, so be sure to check this information for your state.

MYTH: I have to have a lawyer to get Advance Directives.

Not necessarily. You don't have to consult an attorney either to obtain or fill out Advance Directives - although you may wish to. These forms are often available at a local hospital, long-term care facility, and/or your doctor's office. You can also get these documents for any state free of charge by calling National Hospice and Palliative Care Organization (800-989-9455) or you can download them free of charge at http://www.nhpco.org/i4a/pages/Index.cfm?pageid=4415.

However, before signing your Advance Directives, it is recommended that you talk with a health care professional to make sure you understand the options and decisions that may be made for you.

MYTH: It's enough to have Advance Directives - I don't have to talk with anyone about them until there is a need.

Not true. "When there's a need" means that you are unable to speak for yourself. The time to talk about your wishes is now. It's much easier to talk about what you do or do not want - and much easier for your family to hear - when you're healthy.

Start by talking to the people you wish to select as your Agent and Alternate Agent and ask if they're willing to accept the responsibility. Not everyone is willing or able to step in at such a difficult and emotional time. Then discuss your choice of agent(s) and your wishes with all members of your family and your medical team.

You may also want to consider talking with people outside the family (such as your home health aide, companion, close friends, and/or members of the clergy, etc.) who, for whatever reason, may become involved.

If the person who appoints you as their Agent doesn't give you information about what they want - talk with them and gently insist they give you the information you need.

As you begin your conversations, I'd love to hear how it's going. Please send me your comments and non-legal questions. If you have any questions about any legal issues, I encourage you to contact an attorney - preferably an elder law specialist.

Until next time, have a wonderful Thanksgiving!
Barbara

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