KNOW, the Magazine for Paralegals Fall/Winter 2013.2 | Page 44

Chapter of Choices Let’s turn back the pages in the book of life and start at the beginning by reviewing the common estate planning tools utilized by most estate planning attorneys for their clients. Estate plans commonly include three documents, a Will, a Durable Power of Attorney, and a Heath Care Proxy. Let’s see what choices interplay with these tools. A Will transfers your property to people and charities of your choice, as well as names the executor of the estate and the guardian of any minor children. A Durable Power of Attorney names someone to handle your financial matters when you are no longer able to. The Health Care Proxy or Directive names someone to make medical decisions if you are no longer able to communicate your wishes, including authorizing a person of your choice to make end-oflife decisions. All three of these common estate planning documents involve making the choice of “whom” you want to orchestrate you estate plan. But what about the choice of deciding “when” and “how” you want to lay down your life in its season? Will your health care proxy be detailed enough for your end-of-life decisions and more importantly, will it be recognized and adhered to by your designated agent and the health care providers when the time for compassion really matters? What will the last chapter in your life reveal? Death…the Good, the Bad, the Ugly! We hear the stories, whether from friends, or in the media, or from our own personal experiences about death and dying. We all know someone who has died and the manner in which they died. The tragic, the unexpected, or the prolonged death will all resonate and help shape the end-of-lifechoices we ultimately formulate. Let’s turn back to the year 2005 and review the Terri Schiavo case that sparked the national right-todie movement and got the discussion about endof-life moments to the nation’s forefront. Terri did not have her end-of-life wishes documented when she tragically slipped into what doctor’s called a persistent vegetative state that lasted 15 long years. Her husband and her family were at odds as to what Terri would have wanted if she could speak, thereby leading to the long running legal battle over her care. This represented a bad (and “ugly”) death… 44 “Is your end of life photograph all you hoped it would be?”