Sunday, October 17, 2010

Powers of attorney and living wills

A hundred years ago people who were ill recovered or died and did so fairly quickly. People might linger for a few days but the idea of someone hovering between life and death for months or even years was inconceivable.

Today, however, it is not at all uncommon for someone at the end of their life to be unable to make decisions for themselves for an extended period.

This leads to enormous strains on family. Who is to care for an ill parent? How will the nurses be paid for? Who decides what type of care is appropriate?

Ontario law allows for some of these issues to be dealt with in advance with powers of attorney. Someone, who is now mentally well, can give powers of attorney which allow for specified individuals to make financial and life decisions for that person once they are too sick to make those decisions for themselves.

There are two types of powers of attorney. Powers of attorney for property give financial control. Powers of attorney for personal care (sometimes called 'living wills') give power over life decisions. So, for example, a father could give his daughter powers of attorney for property and personal care to his daughter and she could use them to pay for special nursing care and decide on medical treatment if the father becomes too ill to decide for himself.

Obviously giving powers of attorney is a significant step. There must be absolute trust between the person giving and the person getting the powers. It's important to involve a lawyer to make sure the powers are clearly drafted. But in the event of a catastrophic illness having the powers of attorney can make a very hard time a little easier for the family.

1 comment:

Anonymous said...

Powers of Attorney can have their problems, too, as evidenced by a couple in BC, the husband of which lost his enduring power of attorney for his wife by a very aggressive health care system which took control because they "knew better. As for living wills (we call them advanced directives), they must be shared with all family members and, when needed, the family should act on the ill person's wishes, not their own. Too often I have heard doctors ask what the family wants done, not what the family understands the patient to desire. There should be some waiver of rights for families if they do not respect the wishes of their loved one.