Living Wills and Advanced Directives

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Differs from HPOA

By Dr. David Edward Marcinko; MBA, CMP™

By Thomas A. Muldowney; MSFS, CLU, ChFC, CFP®, AIF®, CMP™

By Hope Rachel Hetico; RN, MHA, CPHQ™, CMP™

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A lay or physician’s living will differs from a healthcare proxy in only one way, but it is a significant one.

The HPOA

A healthcare power of attorney [HPOA] grants the power holder the authority to make all decisions about his/her healthcare. Medical science has advanced remarkably of late; but so far, life still ends in death. The creator of a living will specifically reserves to him/herself the full decision, by advanced directive, all decisions about end of life treatment. If a patient is diagnosed with a condition so grave, such that the benefit of any medical treatment is only to “delay the actual moment of death,” the living will is called an “advanced directive.”  It specifically instructs the medical community to withdraw or withhold such treatment. 

Assessment

You will notice that all healthcare matters are still executed by the holder of the HPOA. The living will DOES NOT transfer these end of life decisions to the HPOA holder. The patient specifically retains this power solely for him/herself with a Living Will.

Conclusion

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Speaker: If you need a moderator or speaker for an upcoming event, Dr. David E. Marcinko; MBA – Publisher-in-Chief of the Medical Executive-Post – is available for seminar or speaking engagements. Contact: MarcinkoAdvisors@msn.com

OUR OTHER PRINT BOOKS AND RELATED INFORMATION SOURCES:

Risk Management, Liability Insurance, and Asset Protection Strategies for Doctors and Advisors: Best Practices from Leading Consultants and Certified Medical Planners™

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One Response

  1. ARE YOU LEAVING THE SAME AMOUNT TO ALL OF YOUR BENEFICIARIES?

    One-third of all parents with wills have divided their estates unequally among their children, according to the National Bureau of Economic Research (NBER). The study found bequests in complex families – families with stepchildren or estranged children – are more likely to be unequal. The Squared Away Blog reported:

    “…parents with stepchildren are considerably less likely to include all of their children than are parents who have only biological offspring. This is more true for women with stepchildren than for men with stepchildren. Divorced and widowed parents are even less likely to divide their assets evenly if they have stepchildren.”

    The blog reported there were some mitigating factors. Wealthier parents were more likely to include stepchildren and children with whom they had little or no contact during their lifetimes than less wealthy parents. However, parents who suffered from poor health were less likely to divide their estates equally. Bequests sometimes were used as an incentive to provide long-term care.

    Since children may interpret unequal inheritance as an expression of unequal love, why do parents play favorites? Researchers at Ohio State University delved into the question in 2003 and reported altruism (equalizing income differences among children), exchange (bequests in return for services), and/or evolution (bequests to biological children rather than adopted or stepchildren) played a role when distribution of assets was uneven.

    Arthur Chalekian GEPC
    [Financial Consultant]

    Like

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