Avoid the #1 Mistake Elders Make with Healthcare Directives

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Before I started in this work, consulting with elders, mediating family disputes, and writing about what I've learned, I didn't have a healthcare directive. Hey, I was in my 50's, healthy, and expected to live a long time. (I still expect that!). It could wait. But once I began to see the problems people had with this seemingly simple document, I changed my mind.

I started with my in-laws, the only elders we had left. They were in their mid-80's. They had done these directives, but had made a mistake I often found with our clients. They had named my husband and his only sibling when they created their advance care directive as the agents. As in plural. That meant that if a dispute arose, there was no solution in the document. In fact, putting both siblings, who often disagreed in their lives to start with, on equal footing in the healthcare directive, was asking for trouble.

So, pushy lawyer that I am, I suggested, tactfully, that it was time to update the healthcare directive which had been prepared years before, and to eliminate the issue of sibling disagreement between my husband and his sibling.

They agreed. Looking at their two kids, they recognized that the older one was bound to be extremely emotional, and might not want to comply with their wishes that they wanted "no artificial means" to prolong their lives when they were at a terminal stage of life. The younger one was more level headed, and more likely to carry out what they wanted. So, they re-did the healthcare directives and had one adult child as the agent (power of attorney for healthcare). Good. Next, it was our turn.

We also have two kids, in their 20's now. One is always on time, follows through pretty well on things, and follows the rules a lot. The other is creative, a visionary, and is usually late for everything. Both are smart kids and both would likely do what we specified. I knew it was not a good idea to put two people equally in charge of this document and this authority. My kids fight. Who needs that at your deathbed?

So, we picked the one who is usually on time. I let them both know. I gave them both a copy of my signed healthcare directive, and my husband's. I explained that it's not about favoritism. I just had a thought that if a doctor wanted to call a meeting at 2 P.M., to discuss what to do about me in a coma, I'd want the decision-maker to show up on time.

The one who is usually late for everything was a little miffed, but got over it. So now I can say I practice what I preach. I have two kids, love them both, but I picked one to be in charge if it's ever needed. I am very comfortable with this personal decision.


Carolyn Rosenblatt is a registered nurse and attorney who has 40 years of experience. She is the author of "The Boomer's Guide to Aging Parents." Read her full biography

 
 
 

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MsTownsi

Give a Hug

Jul 17, 2010

What if your parent thinks they can still maintain control, but they can't. The house is on 3 acres, 4 bedrooms and way too much for her to afford and/or maintain, it's falling down around her and she refuses to move because of her 13 cats (reminds me of Gray Gardens)! Neither my sister (6 hours aways) nor I (4 hours away) can convince her to move nearer to one of us. This past week she wound up in the ICU. I went to the hospital to try to convince her she needs to move, that she cannot afford to live there and services are too limited. She had a staff infection (from not bathing for who knows how long) and depleted sodium from not taking her meds or eating right because she gets depressed from the lonliness, but as soon as she has our attention (in this manner) she refuses to let us help her. There are two edlerly "friends" with their grown children just waiting for her to die so they can invade the place. Much of her jewlery has already been stolen this past year and she has yet to call the police or file and insurance report. She is being taken complete advantage of and doesn't "get it". About two years ago I tried convicing her to let me or my sister have POA so we could manage her affairs, help her get a smaller home near me where I and my two sons can help me to help her. Her response then was that a bishop of the church once told her never give control to your children because he had seen some children put their parents on the street! Needless to say I was extremely hurt and upset with her for even thinking such a thing. I've always cared for our entire family, I have a college degree, great job that meets mine and my children's needs (one of my sons is cognitively disabled) and both sons are finally thriving successfully and she thinks this???? My sister is walking away from all of it right now. I am at my wits end and not sure if we have to just sit and watch this happen (Gray Gardens comes to mind) or if we can or even should try to take the proper legal action to insure her well being. At what point do we do this? The hospital team said I should seek the advice of an attorney....the attorney I contacted said she would have to consent to a psych exam and that's not happening. Any advise aside from go on with my life. That's so much easier said than done....I love my mom, but she has "issues".

 
 

Fortress

Give a Hug

Dec 11, 2010

That is strange to have a plural. All the Adv Directive and POA I have seen only have a FIRST... then if that person IS NOT ABLE only then the next person comes up.

 
 

FedUp1230

Give a Hug

Dec 28, 2011

I would actually like to see an answer to MsTowns' question.

 
  •  Comments 1 to 3 of 3 

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