Living Wills - Make Your Wishes Known.

Living Wills - Make Your Wishes Known

By: Alan G. Orlowsky

Let's Talk About........Living Wills - and making sure your wishes are known.

Estate Planning, Wills and Trusts, and Power of Attorney is so important when making decisions for loved ones as they age. Let's take a look at an example of where a Living Will benefited the children and allowed them to choose the best outcome for their elder parent.

For the last 5 weeks of her life, Mary suffered. Her dementia had progressed to the point where she was violent and forced to be hospitalized. She was in tremendous pain and suspicious of those trying to help her. 

Mary had forgotten who her daughter was, even though her daughter spent 4 or 5 hours with her every day. She could no longer remember how to talk on the phone, or do almost any other ordinary activity. In her last weeks, she started to refuse to eat or drink, thinking that she was being poisoned. 

 

The hospital started her on a course of pain relief and asked Mary's children if they should start with a feeding tube or IV for nourishment and hydration. 

Luckily, Mary’s children had the benefit of a Living Will Mary had written during her life that covered this situation. Mary had been clear that she did not want her life extended under these circumstances and her children were able to instruct the hospital not to take life prolonging measures but to keep her as comfortable as possible. 

Many children are not as lucky. In spite of the publicity around the now famous Terri Shiavo case, where family members fought for 7 years about life ending issues, some people still have not given much thought to living wills or advanced directives. 

Of equal importance is that studies have shown that standard advance directive forms do little to influence end-of-life decisions without informed, thoughtful reflection about your wishes and values, and personal communication between you and your likely decision-makers. It is completely understandable that most people do not want to spend a lot of time thinking and talking about these issues. 

However, there is no doubt that discussing these issues ahead of time will result in better outcomes for you and your decision makers. 

Mary's son and daughter both said that without clear instructions, they would have been inclined to keep their Mom alive and would have given the hospital permission to start feeding and hydration. Mary’s lawyer said later that this would have been completely against Mary’s wishes.  

The bottom line is that no matter what you would like to see happen for yourself, the best thing you can do for you and your family is to make your wishes known. Your thought process can be guided with our help and likely the input of your physician. 

You may also benefit from the free Consumer’s Tool Kit for Health Care Advance Planning provided by the American Bar Association. The keys to success in this area are thoughtfulness and communication. There is no time like the present to take action. Make your wishes known and be sure your decision makers are fully prepared to carry them out. 

If you have questions about Living Wills or how to set up a will or trust please contact Alan Orlowsky by calling 847-325-5559 or visit our website www.orlowskywilson.com.

 

 

Disability Protection - Orlowsky & Wilson

 Disability Protection - Northbrook, IL

By Alan G. Orlowsky

Most of our clients already have in place durable Powers of Attorney that are intended to help during periods of disability, but for many of our clients, these durable Powers of Attorney will not be enough. 

For those who operate businesses, there should be a Business Succession Plan in place in the event that you cannot come back to work for some reason. Your representative under a Power of Attorney is usually someone that you trust, but not necessarily someone who is going to know what is going on strategically and tactically with your business. 

For this reason, it makes sense to have a comprehensive disability protection plan, so that your business can continue to run much more efficiently than it otherwise might, if you are not there to take care of things yourself. 

A disability could also be very harmful to the business operations of clients who own significant investments in real estate. Who will handle those things that are normally handled by the owner: ensuring that capital improvements are made, that tenants’ needs are satisfied, and that cash flow continues? A good disability protection plan is going to ensure that the real estate continues to be developed, owned, or managed with the least amount of disruption possible.

 

Another area where disability can have a negative impact is on investments. Many people think that if something should happen to them, the investments will just continue without problems. However, in volatile markets or for investors who are active traders, a disability may leave someone else in control of the investment portfolio that doesn’t have a firm grasp on the overall investment strategy and risk tolerances. This can lead to disastrous investment results.

There are, of course, many other instances where disability can have an impact, and where a good solid plan can be instrumental to the client’s continued success. An important part of the integrated planning process will be to identify dangers and opportunities with regard to disability protection, and to make sure that you and your family have a solid disability protection plan in place. 

This is an area where we can help you make a difference.

If you have any questions about Disability Protection and how we can help please contact the Law Office of Orlowsky & Wilson by calling 847-325-5559 or visit our website www.orlowskywilson.com for more information.