Author: Colin Flynn
The two most common documents that are drafted
along with a Will are firstly, a Personal Directive, and secondly, Enduring Power
of Attorney. Having all three of the
above mentioned documents should be part of any complete approach to planning
for an individual’s final years. Having
all three can help a great deal in avoiding issues such as family infighting
regarding what each family member believes your wishes to be.
The
Enduring Power of Attorney
An Enduring Power of Attorney (EPA) is a
document that you sign while you still have capacity, which enables someone
else to look after your finances when you cannot (ie. when you lose capacity). If you do not have an EPA it will be necessary
for someone to apply to the courts for an order of Trusteeship should you
become incapacitated.
The
Personal Directive
Should you become incapacitated, the
Personal Directive gives your appointed agent the authority to determine where
you live and the kind of medical treatment you receive, as well as other
personal decisions not dealing with your assets.
The Personal Directive should also
contain what is morbidly referred to as a “Pull the Plug” clause, which
provides for the type of treatment you are to receive in order to prolong your
life. You should specify whether or not
you wish for your life to be prolonged by artificial means when in a coma or a
persistent vegetative state. Further, it
should be noted whether or not you wish to be given pain medication even though
it may dull consciousness and indirectly shorten your life.
Although a Personal Directive generally
contains language that your Agent must make any decisions based upon their
knowledge of your wishes, beliefs and values, as much information as possible
ought to be included in the Personal Directive to avoid any uncertainty in the
future.
Conclusion
Just as changing your beneficiaries requires drafting of a new Will, should your wishes as written in a Personal Directive or Enduring Power of Attorney change, so too should these documents. As with a Will, "sooner rather than later" are words to live by (pun intended), as any number of circumstances could lead to a loss of capacity, and hence, loss of the ability to put your wishes in writing and potentially avoid issues such as those noted above.
Conclusion
Just as changing your beneficiaries requires drafting of a new Will, should your wishes as written in a Personal Directive or Enduring Power of Attorney change, so too should these documents. As with a Will, "sooner rather than later" are words to live by (pun intended), as any number of circumstances could lead to a loss of capacity, and hence, loss of the ability to put your wishes in writing and potentially avoid issues such as those noted above.
