In preparing a power of attorney for personal care, we will discuss with our clients the preparation of specific instructions to be attached to the power of attorney, detailing the nature of the care the donor wishes under certain circumstances. This document is often loosely referred to as a “living will.” There is standard wording, often used, which provides for medication to be administered to provide comfort even if it hastens death, and for the refusal of ‘heroic’ measures being used to preserve life, in both cases where the donor is unlikely to improve from severe impairment through illness or other cause to his/her quality of life. However, this document can go into considerable detail about other health care decisions, including a prohibition against certain kinds of treatment, or specifics as to the nature of care that a donor wishes to have (nursing care at home, retirement home, or nursing home).
This blog post was written by Ted Mann, a Partner in the Wills and Estates, Real Estate, Business and Bankruptcy teams. He can be reached at 613-369-0368 or at ted.mann@mannlawyers.com.