Health Directive for Dementia

Healthcare documents such as, the Advance Health Care Directive, Authorization for Release of Protected Health Information (“HIPAA Authorization”) and Living Will are an essential part of any estate plan.  The Advance Health Care Directive allows your appointed agent to make health care decisions on your behalf if you are unable.  The HIPAA Authorization allows authorized individuals to access your health care documents.  The Living Will is an optional document that provides that life-prolonging procedures be withheld or withdrawn if you are in an irreversible and terminal condition.   

However, now there is a new health directive specifically designed to address dementia or Alzheimer’s! This new directive allows for clients to express their wishes and give guidance to their loved ones with regard to their future care should they develop dementia or Alzheimer’s. 

Over the years, we have seen many families struggle with dementia, Alzheimer’s and other mental illnesses.  Family and loved ones assisting the incapacitated individual often struggle with difficult decisions such as living arrangements, medical treatment and overall quality of care.  Family members often question if they are making the right choices for their loved one… “Is this what they would have wanted?” 

This directive allows you to express your wishes at each stage of dementia, now, while you are healthy and able to articulate your wishes.  There are 3 sets of questions that ask about your wishes if you develop: mild, moderate, and severe dementia.

This new health directive for dementia is a wonderful and powerful tool that can assist your family and loved ones with making tough decisions regarding your care and treatment.  For many people, they may experience dementia related symptoms anywhere from 5 to 20 years.  During this time, your family will want your guidance. 

While we may not be able to control our mental health or future, we can provide some guidance to our loved ones who will be caring for us.  Tell them what you would like now so they are not left second guessing in the future. 

If you would like a Health Care Directive for Dementia to be included in your estate plan, I see people Monday – Friday for a FREE 30 minute consultation in Walnut Creek and Brentwood.

This article provides only general legal information, and not specific legal advice.  Information contained is not a substitute for a personal consultation with an attorney.  LAW OFFICE OF JOAN M. GRIMES, PHONE (925) 939-1680   1600 S. Main Street, Suite 100, Walnut Creek, CA  94513     © 2018 Joan Grimes

California’s New Right to Die Act and Incapacity What Does it Means to You?

On January 1, 2016, California’s Death with Dignity Act will become effective.   It is estimated that the Act will provide an option for 1 in 10 people to die with dignity in California.   

Why only 1 in 10 people?  The reason that this Act is expected to affect such a small percentage of California citizens is that the requirements under the Act are very strict.  To qualify under the Act, the patient must 1) have the mental capacity and 2) be suffering from a terminal illness—a disease that will, within reasonable medical judgment, produce death in six months.  Additionally, the patient must make 3 requests to a physician: two oral and one written plus at least 15 days must separate the two oral requests.  

So what is going to happen to the rest of us?  For me personally, I am hoping to die peacefully in my sleep after dinner and dessert which will include lots of ice cream.  However, I realize that my hope for a peaceful death may not be in the cards for me, as I know, and will unfortunately be the case for many others.  Sadly, the journey towards death can be long and arduous

That is the reason why incapacity provisions in your Trust are so important.    If a Trust is properly drafted,  it will give your successor Trustee specific instructions as what should be done in the event you are unable to care for yourself or make decisions for yourself.  Among other things, the Trust should be clear on the following:

1.      How will incapacity be determined?  Is it going to be determined by your personal physician or an attending physician at the hospital?  Do you want there to be a second opinion?

2.     How do you want your assets used during any period of incapacity?  Do you want to stay in your home and have in-home care?  Is there anyone else that you may need to provide for during your incapacity like a spouse or adult child?

3.     If you are not able to stay in your home, where do you want to be?  Near a specific child?  In a large assisted living home with lots of activities or a smaller home like setting?

4.     Do you want a care manager to visit regularly to evaluate the level of care that you receiving?  Do you want a private care giver in order to ensure that you have someone to take you to doctor appointments and other outings?

In conclusion, if you have a Trust, you should review its terms regarding incapacity.  If the Trust provisions are not what you want, you should consider amending the documents to correctly reflect your wishes and desires.  There is no question that the Death with Dignity Act is going to helpful for a few.  However,  most of us are going to have some period of incapacity prior to death.   We may not be able to control our physical or mental health, but we can control how our assets are used to care for us even during periods of incapacity.

If you would like me to review your Will or Trust, I see people every day for a FREE 30 minute consultation in Walnut Creek and Brentwood.

    This article provides only general legal information, and not specific legal advice.  Information contained is not a substitute for a personal consultation with an attorney.  LAW OFFICE OF JOAN M. GRIMES, PHONE (925) 939-1680   1600 S. Main Street, Suite 100, Walnut Creek, CA94513     © 2015 Joan Grimes