Senior Advocates and Help

[Marie Miller]

Thanks for that. I have a DNR. It's the Advance Directive I'm struggling with. I would only give Power of Attorney to an attorney, although there's always risk no matter who you choose.

As an aside, my elderly (in her 80s) friend has a son and a daughter (her husband died when the kids were pretty young.) The son was high-level at NIH then got recruited to teach at a university in Texas. He's very successful. He and his mom are very close. The daughter is somewhat spiteful and lazy, works in the administrative side of UVA hospital, and is often on the verge of getting fired for taking too much leave, no-showing, etc (she has 2 kids that have graduated college.) The daughter has "issues." The daughter has been to my friend's doctor behind her back trying to get the doctor to sign documents so the daughter can take over my friend's affairs (meaning bank accounts.) I told my friend to seen an attorney and start documenting stuff and possibly erecting legal barriers, or maybe going ahead and setting up her son to take her stuff over.

Having children or close family is not always a viable solution for these things...sadly. I got siblings (and extended family) who are similarly untrustworthy.

The daughter can try all she wants to. A revocable trust including medical directives should take care of that. It has to get filed with financial institutions, medical facilities and real estate. It keeps an estate out of probate and the barn fight at bay.

 

[Beth Gallagher]

Honestly, I'd have to read the Advanced Directive to see what its scope is. I assume it's limited to making medical decisions in specific circumstances.

Yes, the Advance Directive is specifically for medical decisions when a person has become incapacitated and unable to speak for themselves regarding medical treatment. Specifics for Virginia...

"Under the Virginia Health Care Decisions Act, a medical advance directive lets you name a healthcare agent, state specific treatment wishes (living will), and outline organ donation preferences. It becomes active only if two doctors formally determine you lack the capacity to make informed medical choices."

I assume that you could state treatment wishes and organ donation preferences without naming an agent, so at least medical providers would know whether you would/would not want to be on life support or donate any organs.

Key Powers Included Under the Act

Healthcare Agent: Name a trusted person to make medical choices if you cannot speak for yourself.

Living Will Directives: Accept or refuse life-prolonging procedures, ventilators, and artificial nutrition/hydration during terminal conditions or a persistent vegetative state.

Pain Management: Detail your explicit preferences for comfort care and pain relief.

Anatomical Gifts: Document instructions for organ, tissue, or eye donation.

Legal Limits and Exclusions Incapacity Requirement: Must be certified by your attending physician and a second independent doctor.

Prohibited Powers: An agent cannot consent to an abortion, nontherapeutic sterilization, or psychosurgery on your behalf.

Execution Rules: Must be in writing and signed before two adult witnesses; notarization is not required.