Trends in 2015: Advance Care Planning

January 30, 2015

As lawyers with decades of experience helping Wisconsin families prepare for their futures, we keep an eye on estate planningPlanning in advance of disability, incapacity, or death to make sure that key life issues have been addressed while the person is still of sound mind and able to understand and sign key documents such as Power of Attorneys, Power of Attorneys for Health Care, Wills, and Trusts to form a strategy and provide for the administration and disposition of his or her assets upon death or upon incapacity. changes and trends, particularly those affected by local, state and federal laws. For 2015, we expect to see a notable rise in Advance Care Planning through the Wisconsin Power of Attorney for Health CareA document that authorizes a person, called an agent, to make health care decisions in the event that the person creating the document becomes incapacitated and can no longer make his or her health care decisions. A power of attorney for health care should also set-forth desires on the use or non-use of artificial equipment and feeding tubes in the event that the creator becomes incapacitated.. This approach has become increasing more commonplace with residents of Wisconsin when planning their advance health care decision making.

Why Will Advance Care Planning Be a Trend in 2015 and Beyond?

There willA written document that sets forth and names the personal representative who will be in charge of overseeing the probate process and names the specific bequest and residual beneficiaries of property who are to receive and inherit assets and property through probate. A Will does not avoid probate, and must be properly drafted and executed to be legal. A Will can also avoid the use of a surety bond in many instances and can help utilize an “informal” Wisconsin probate process if it has the proper clauses and attestation clause. be a new emphasis by Wisconsin hospitals, health care providers, attorneys and interest groups to promote the use of a properly drafted Power of Attorney For Health CareA document that authorizes a person, called an agent, to make health care decisions in the event that the person creating the document becomes incapacitated and can no longer make his or her health care decisions. A power of attorney for health care should also set-forth desires on the use or non-use of artificial equipment and feeding tubes in the event that the creator becomes incapacitated. in Wisconsin. These medical facilities are eager to avoid situations where a person becomes ill to the point of no longer being able to make his or her own health care decisions without having detailed, written instructions about important healthcare issues like end-of-life care and Do Not Resuscitate orders. Patients without sufficient advance care planning make it difficult for doctors and medical professionals to offer the level of care that the patient would want. As the patient did not communicate his or her wishes before becoming incapacitated, it is very likely that the patient willA written document that sets forth and names the personal representative who will be in charge of overseeing the probate process and names the specific bequest and residual beneficiaries of property who are to receive and inherit assets and property through probate. A Will does not avoid probate, and must be properly drafted and executed to be legal. A Will can also avoid the use of a surety bond in many instances and can help utilize an “informal” Wisconsin probate process if it has the proper clauses and attestation clause. require a court appointed guardianA person or company appointed by a court, after a court hearing, to make decisions and represent a person who is incompetent. The guardian of the person makes person decisions for the incompetent person such as living arrangements and health care needs. The guardian of the estate makes financial decisions for the incompetent person. A properly drafted and executed Durable Power of Attorney along with a Power of Attorney for Health Care can normally avoid the need for a guardian, if these documents are created and signed prior to the individual becoming incompetent. to make his or her health care decisions.

As you can imagine, the involvement of the courts in issues of medical healthcare and treatment is often a costly process, both for the state and for the patient.

The real issueA person’s children and/or lineal descendants such a grandchildren and great-grandchildren. It refers to a direct blood line in Wisconsin along with legally adopted persons. In Wisconsin the term “issue by right of representation” is commonly used to indicate that a share of beneficiary, if predeceased, shall be distributed to his or her children or lineal descendants. Although slightly different this is often also referred to as Per Stirpes distribution. though is not one of cost. In advance care planning cases, the real issue with a court-appointed guardianA person or company appointed by a court, after a court hearing, to make decisions and represent a person who is incompetent. The guardian of the person makes person decisions for the incompetent person such as living arrangements and health care needs. The guardian of the estate makes financial decisions for the incompetent person. A properly drafted and executed Durable Power of Attorney along with a Power of Attorney for Health Care can normally avoid the need for a guardian, if these documents are created and signed prior to the individual becoming incompetent. is that the guardianA person or company appointed by a court, after a court hearing, to make decisions and represent a person who is incompetent. The guardian of the person makes person decisions for the incompetent person such as living arrangements and health care needs. The guardian of the estate makes financial decisions for the incompetent person. A properly drafted and executed Durable Power of Attorney along with a Power of Attorney for Health Care can normally avoid the need for a guardian, if these documents are created and signed prior to the individual becoming incompetent. willA written document that sets forth and names the personal representative who will be in charge of overseeing the probate process and names the specific bequest and residual beneficiaries of property who are to receive and inherit assets and property through probate. A Will does not avoid probate, and must be properly drafted and executed to be legal. A Will can also avoid the use of a surety bond in many instances and can help utilize an “informal” Wisconsin probate process if it has the proper clauses and attestation clause. be no more informed of the patient’s wishes than the medical professionals.

This expensive, inevitably stressful, process can be avoided with proper advance care planning by the thoughtful completion of a legally compliant Power of Attorney for Health CareA document that authorizes a person, called an agent, to make health care decisions in the event that the person creating the document becomes incapacitated and can no longer make his or her health care decisions. A power of attorney for health care should also set-forth desires on the use or non-use of artificial equipment and feeding tubes in the event that the creator becomes incapacitated. along with directions to your health care agentThe person named in a Power of Attorney for Health Care who is in charge of health care decision making if and when the person creating the document becomes incapacitated and can no longer make his or her own decisions. Normally there will also be successor agents named as well. Also see Power of Attorney for Health Care. and a discussion with your health care agentThe person named in a Power of Attorney for Health Care who is in charge of health care decision making if and when the person creating the document becomes incapacitated and can no longer make his or her own decisions. Normally there will also be successor agents named as well. Also see Power of Attorney for Health Care..

Proper Advance Health Care Planning Will Make a Big Difference

Imagine your spouse, children or loved ones trying to determine what type of care you would want if you are unable to communicate with them. Imagine that they have to go to court to become legally allowed to make health care decisions for you. Imagine the stress, confusion and guilt of not knowing if what they decide is what you want.

Now, imagine your spouse, children or loved one not having to go to court and knowing what you want. Think of the stress, confusion and guilt that they avoided by knowing that they are doing what you would want, even though you are no longer able to communicate with them. A good Advance Directive willA written document that sets forth and names the personal representative who will be in charge of overseeing the probate process and names the specific bequest and residual beneficiaries of property who are to receive and inherit assets and property through probate. A Will does not avoid probate, and must be properly drafted and executed to be legal. A Will can also avoid the use of a surety bond in many instances and can help utilize an “informal” Wisconsin probate process if it has the proper clauses and attestation clause. help you communicate with your appointed agent in advance of incapacity, so that he or she knows your desires and wishes.

A property drafted and properly discussed Power of Attorney for Health Care can help guide your agent when you are no longer able to make your own decisions or no longer able to communicate your health care desires.

More Than a “Legally Compliant” Document is Required

The use of a standardized health care advance directive form, without further knowledge, discussion, and guidance willA written document that sets forth and names the personal representative who will be in charge of overseeing the probate process and names the specific bequest and residual beneficiaries of property who are to receive and inherit assets and property through probate. A Will does not avoid probate, and must be properly drafted and executed to be legal. A Will can also avoid the use of a surety bond in many instances and can help utilize an “informal” Wisconsin probate process if it has the proper clauses and attestation clause. not adequately inform your agent of your desires. It is not enough just to complete a legal document. That’s not thorough enough advance care planning.

As estate planningPlanning in advance of disability, incapacity, or death to make sure that key life issues have been addressed while the person is still of sound mind and able to understand and sign key documents such as Power of Attorneys, Power of Attorneys for Health Care, Wills, and Trusts to form a strategy and provide for the administration and disposition of his or her assets upon death or upon incapacity. attorneys who have drafted thousands of advance directives for clients, we understand that the real task in advance care planning is drafting a legally compliant document that informs your Health Care agentThe person named in a Power of Attorney for Health Care who is in charge of health care decision making if and when the person creating the document becomes incapacitated and can no longer make his or her own decisions. Normally there will also be successor agents named as well. Also see Power of Attorney for Health Care. about your wishes especially as they relate to the use of artificial equipment and end of life treatment. Steps must be taken to ensure that your chosen agent knows and understands your wishes while you can still effectively communicate them. Waiting until your agent reads your wishes from a legal document willA written document that sets forth and names the personal representative who will be in charge of overseeing the probate process and names the specific bequest and residual beneficiaries of property who are to receive and inherit assets and property through probate. A Will does not avoid probate, and must be properly drafted and executed to be legal. A Will can also avoid the use of a surety bond in many instances and can help utilize an “informal” Wisconsin probate process if it has the proper clauses and attestation clause. greatly reduce the chances that your agent truly understands your wishes about the use of artificial equipment and end-of-life care.

A Power of Attorney for Health CareA document that authorizes a person, called an agent, to make health care decisions in the event that the person creating the document becomes incapacitated and can no longer make his or her health care decisions. A power of attorney for health care should also set-forth desires on the use or non-use of artificial equipment and feeding tubes in the event that the creator becomes incapacitated. that goes beyond “legal compliance” willA written document that sets forth and names the personal representative who will be in charge of overseeing the probate process and names the specific bequest and residual beneficiaries of property who are to receive and inherit assets and property through probate. A Will does not avoid probate, and must be properly drafted and executed to be legal. A Will can also avoid the use of a surety bond in many instances and can help utilize an “informal” Wisconsin probate process if it has the proper clauses and attestation clause. help inform your agent about your desires with respect to end of life care, the use or non-use of feeding tubes, and the use or non-use of artificial equipment and other “life sustaining procedures” depending upon your health condition. It will also encourage the discussion with your health care agentThe person named in a Power of Attorney for Health Care who is in charge of health care decision making if and when the person creating the document becomes incapacitated and can no longer make his or her own decisions. Normally there will also be successor agents named as well. Also see Power of Attorney for Health Care. about your desires.

The Proper Distribution of Your Advance Directive is Crucial

Your agent and doctors need to know that your health care document exists.  Therefore, the proper distribution of your document before you become ill is crucial for its intended use. It is the only estate-planning document that we routinely suggest that our clients share with loved ones and doctors in advance of illness.

How We Can Help

Since 1958, Wokwicz Law Offices have been helping families and individuals with advance care planning. With more than 70 years of combined legal experience, our attorneys have a deep understanding of estate planningPlanning in advance of disability, incapacity, or death to make sure that key life issues have been addressed while the person is still of sound mind and able to understand and sign key documents such as Power of Attorneys, Power of Attorneys for Health Care, Wills, and Trusts to form a strategy and provide for the administration and disposition of his or her assets upon death or upon incapacity.. We know that a properly drafted Power of Attorney For Health CareA document that authorizes a person, called an agent, to make health care decisions in the event that the person creating the document becomes incapacitated and can no longer make his or her health care decisions. A power of attorney for health care should also set-forth desires on the use or non-use of artificial equipment and feeding tubes in the event that the creator becomes incapacitated., with proper language and guidance, willA written document that sets forth and names the personal representative who will be in charge of overseeing the probate process and names the specific bequest and residual beneficiaries of property who are to receive and inherit assets and property through probate. A Will does not avoid probate, and must be properly drafted and executed to be legal. A Will can also avoid the use of a surety bond in many instances and can help utilize an “informal” Wisconsin probate process if it has the proper clauses and attestation clause. help achieve the following:

1. Adequately inform your agent that you detailed advance care planning with a proper advance directive for your health;
2. Set out with explicit clarity your desires with respect to end of life care and the use of artificial equipment, feeding tubes, and “life sustaining procedures” in the event that you are unable to make your own decisions in the future;
3. Ensure that your agent, loved ones and health care providers can care for you consistent your health care and end of life desires and wishes.
4. Alleviate stress, confusion and guilt faced by your loved one’s when making health care and end of life decisions for you;
5. Save you and your loved ones time and money by avoiding unnecessary and unwanted health care at the end of life and unnecessary guardianship court fees and expenses.

If you would like to make an appointment to discuss your advance care planning with our estate planningPlanning in advance of disability, incapacity, or death to make sure that key life issues have been addressed while the person is still of sound mind and able to understand and sign key documents such as Power of Attorneys, Power of Attorneys for Health Care, Wills, and Trusts to form a strategy and provide for the administration and disposition of his or her assets upon death or upon incapacity. attorneys, please contact Wokwicz Law Offices on 262-658-2181 or via info@wokwicz.com.