Delaware Hospice encourages everyone, regardless of your age, to discuss your end-of-life wishes with family members, friends, physicians, and also to have your wishes in writing using the Delaware Advance Directives form from the National Hospice and Palliative Care Organization (NHPCO), or Catholic Advance Directives from the Diocese of Wilmington. The following information has been adapted from the National Coalition for Cancer Survivorship’s Cancer Survival Toolbox®.
A living will is a message from you to your health care providers in regard to the kind of care you do and do not want if you can no longer make your own decisions. The topics usually covered in a living will include directives about artificial feeding, use of a respirator if you cannot breathe on your own, and whether or not you wish to have cardiopulmonary resuscitation (CPR) if your heart stops. You don’t have to respond to every question in a standardized living will format; if you don’t answer, then your health care provider will make those decisions. Also, you can add more information detailing what you do and do not want on these forms. Many living will standard forms are vague, and so it is up to you to add the details that make it appropriate for your care, as you want it. A living will form does not name a person who will be responsible for your care decisions if you are not able to make them; for this, you will also need a durable power of attorney discussed below.
Keep in mind that having a living will that limits care in some areas does NOT mean that you will no longer receive care. You are entitled to medical care to make you comfortable as long as you are alive, and your legal documents do not change that.
The durable power of attorney for health care designates another person to act as your representative in making medical decisions for you if you cannot make them. It is simpler than a living will, in that it usually just states that if you are unable to make your own health care decisions, you want the person you name in the document to do so for you. This document does not have a list of the kinds of care you do and do not want.
For the most part, since a will is a legal document that may be complex, it is best to prepare your will with the assistance of an attorney (preferably an estate attorney who has expertise in this area) who is familiar with the laws of your state.
A living trust is a document setting forth your wishes in regard to your estate that is designed to avoid probate court, thereby saving money that would have been spent on attorney fees and court costs. If your estate is large, these savings can be considerable.
There are various kinds of living trusts, and you should work with a qualified estate attorney in establishing a trust that suits your needs. Living trusts generally require attorney assistance to create. In many cases, you may also need a simple will to handle any property that is not made a formal part of the living trust.
Advance directives are documents that clearly state what kind of health care you want and do not want, if you can’t speak for yourself. They are called “advance” because decisions are made by you, while you are able to do so, and before the document is needed.
Preparing an advance directive does many good things:
Advance Directive Components: Living Will & Durable Power of Attorney, are two kinds of advance directives for health care, and in general, you should have both. You can use standardized forms (see information regarding obtaining the forms below) or create documents with the assistance of an attorney. To assure validity, these documents should be signed by you, dated and witnessed. Each form will have instructions for correctly completing it.
For more information use the following links to access the Delaware Advance Directives from the National Hospice and Palliative Care Organization (NHPCO), or Catholic Advance Directives from Diocese of Wilmington.
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