Terri was diagnosed as being in a persistent vegetative state after suffering cardiac arrest in 1990.  Her family battled in court for several years about her health care and, ultimately, whether she could be disconnected from life support.

According to an AP story, most Americans still avoid planning for the end of their lives.  This is ironic, since we are a people who plan everything:  our schedules, our careers, our vacations, our retirements.   When we don’t plan for end-of-life treatment and medical decisions, other people can take over at the very time when we are most vulnerable and in need of understanding.  A couple of simple yet critical legal documents – power of attorney for health care and living will -can communicate your wishes about the care and treatment you want to receive if you reach the point where you can no longer speak for yourself.

In Illinois this document is known as a power of attorney for property.  It’s also known as a power of attorney for finances or a durable power of attorney.  You are the “principal” and the person you name is the “agent.”     The document allows your agent to manage your finances if you can’t.  You may cancel the power of attorney at any time and do not have to give a reason;  if not, the appointment ends when you die.  You decide how much control your agent has over your finances.  You can limit the powers of your agent to a specific time frame, or to specific functions.  Some of the powers may include:

• using your assets to pay your bills and everyday expenses;
• handling your checking account or other transactions with banks and financial institutions;
• buying or selling real estate or other property;
• operating your small business.

Executing a power of attorney for property can save you and your loved ones the expense and difficulty of a guardianship proceeding in court.  It can also prevent your relatives from intervening in your financial affairs if you are incapacitated.

A power of attorney for property can be made effective immediately (a non-springing power of attorney), or you can specify that it go into effect only if you become incapacitated or on a certain date (a “springing” power of attorney.)  This is a very personal decision.  If you create a “springing” power of attorney, your agent can act only if something that you specify happens, like becoming incapacitated.  The disadvantage  of this springing power of attorney may be delays in determining whether you are, in fact, incapacitated.   A disadvantage of a non-springing power of attorney is that your agent could misuse it while you are still able to make your own decisions.  Consult an attorney about what is right for you.

Naming someone as your agent should not be taken lightly.   You are giving that person very broad rights to handle your finances, including the ability to empty your checking or savings account with your knowledge.  The person you name as your agent should not only be someone who knows how to handle money, but also someone you trust completely.

In Illinois this document is called a power of attorney for health care.  In other states, it may be known as a health care proxy or a medical power of attorney.   You are the “principal.”  The person you appoint to make medical decisions for you is your “agent.”

Practical Tip: Use a small satchel to carry each other’s health care documents as well as copies of financial powers of attorney and certificates of domestic partnership, civil union or marriage.   When the call comes that you’ve been rushed to the hospital, most people will rush to be with you rather than go home for your health care documents.

Remember, unless you have a power of attorney for health care that appoints your partner to make health care decisions, she or he has no authority to do so.    This document can give your partner other rights, including:

• visiting you in the hospital or other facility even when other visiting is restricted;
• hiring and firing medical personnel or moving you to a different facility;
• making decisions about your medical care if you become incapacitated;
• dmaking end-of-life decisions.

In Illinois, the Health Care Power of Attorney is created and authorized by statute in the Illinois Powers of Attorney for Health Care Law, 755 ILCS 45/4-1 et seq.

Think of the what matters most:

• Who will make medical decisions for you if you are unable to do so for yourself?
• Who will make financial decisions for you if you become incapacitated?
• What will happen if your partner and you break up?
• Who will care for your children if something happens to you?
• Who will inherit your belongings when you die?
• Who will see to it that your wishes for your funeral arrangements are carried out?

The reality is that current Illinois law has several barriers between you and the person you may want to be by your side or provided for if something happens to you.    Creating a Life Plan Toolbox now will protect you and the ones you love.

These are the basic tools that should be in your Toolbox:

• Medical Power of Attorney
• Financial Power of Attorney
• A Living Will
• Beneficiary Designations for life insurance policies or retirement plans
• A Will
• Real Estate Ownership Arrangements
• Second-Parent Adoption

I’ll discuss each of these tools in more detail in coming posts.

What if you were to be injured or become sick and unable to make decisions about your health care or manage your finances?  You’d probably want your partner to step in and take care of things.  Unlike married couples, same-sex couples have no legal rights or protection without clear legal documents that spell them out.

To be certain that medical and financial decisions stay in the hands of your partner, you need to prepare the right legal documents.  In Illinois these documents are known as:  a power of attorney for health care, a living will and a power of attorney for property.

Health Care and End-of-Life Issues

Often doctors and other medical providers will look to a family member as defined by state law to make medical decisions for you if you can’t do so for yourself.  Most states give that authority to a legally recognized spouse, adult children, parents and other blood relatives.  Unless you have a power of attorney for health care that appoints your partner to make these decisions, she or he has no authority to do so.  Often times, biological family members can, and do, exclude same-sex partners from decisions.   This document can give your partner other rights, including:

• visiting you in the hospital or other facility even when other visiting is restricted;
• hiring and firing medical personnel or moving you to a different facility;
• making decisions about your medical care if you become incapacitated;
• dmaking end-of-life decisions.

A living will acts as your written directions to medical personnel about whether you want death-delaying procedures used if you have a terminal condition and are unable to communicate your wishes.  This document can provide a clear statement of your wishes in the event that your biological family has different views and/or does not want your partner making decisions.

In Illinois, the Health Care Power of Attorney and the Living Will are created and authorized by statute in the Illinois Powers of Attorney for Health Care Law, 755 ILCS 45/4-1 et seq., and the Illinois Living Will Act, 755 ILCS 35/1 et seq.

Finances

The Statutory Short Form Power of Attorney for Property Law, 755 ILCS 45/3-1 et seq., allows you to name someone you trust to handle your finances and property if you are unable to do so.  If you want your partner to have access to your finances and be able to pay bills or even sell your house if necessary, you should seriously consider having a power of attorney for property.  This is especially true if your partner and you have combined your households or intermingled  your finances for a long time.

You can give your partner (or other agent) as much or as little control over your finances as you want.  Some of the issues may include:

• using your assets to pay your bills and everyday expenses;
• handling your checking account or other transactions with banks and financial institutions;
• buying or selling real estate or other property;
• operating your small business.

Powers of attorney for health care and for property can be made effective immediately, or you can specify that they go into effect only if you become incapacitated or on a certain date (a “springing” power of attorney.)  This is a very personal decision.  Making the document effective immediately has its benefits for couples in long-term, trusting relationships.  A document that is effective immediately means that your partner can handle your affairs for you at any time, such as if you’re out of town or just not feeling well.

Planning.  No one can do it for you.  Failing to plan could have lasting effects on your future and that of your loved ones.  Think about it.  Talk about it with your loved ones.  Make the time to create the legal documents that will ensure that you control who makes health care and financial decisions for you when you can’t.