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Introduction: In 1990, the US Supreme Court passed a ruling that opened avenues for the constitutional reforms that gave legal provisions to Advance Directives. In the case, Nancy Cruzan had been on life support for seven and half years, and the state of Missouri opposed her parents’ request that she euthanized by disconnecting her life supports. It argued that they had no substantial evidence to proof that Nancy would have wanted mercy killing.

Body Definition of Advance Directives: Advance Directives: are formal orders that state how a person would have his /her personal effects handled in case they became incapacitated by ill health, accident or old age, and could not make sound decisions on their own.

It explores some of the main reasons that necessitate the need for elderly people to prepare advance directives. With the uncertainties of life in the face of unpredictable illness, accidents and the inescapable old age, the need for Advanced Directives could never be overestimated. Two case studies in an article provide a background against which the arguments are based. The main ideas of the article are outlined, and the major issues summarized in paraphrased paragraphs. Finally, an annotated bibliography at the end provides a summary of the resources used in writing this paper.

Thesis: The essay discusses the factors that make Advance Directives a desirable document to prepare. The elderly, who are prone to the fateful eventualities of life: physical exhaustion, mental incapacitation and vulnerability to diseases, need to make prior plans about their medical care.

Nancy Cruzan had survived a grisly automobile accident in 1983. After over seven years on artificial nutrition and hydration, her parents decided that life was becoming so useless and meaningless for her. Accordingly, they requested that her live supports be disconnected, because they had figured that ‘letting go to rest in peace’ is what Nancy would have preferred. However, the physicians refused to execute her parents’ requests without a legal clearance. Inevitably, the case got into the courts, where it dragged for months as the helpless girl hung on to life. When it reached the Supreme Court, it was determined that the state of Missouri, where Nancy lived, was within its legal rights to deny the parents their request. It ruled that the state of Missouri “could disregard the parents’ views of what Cruzan would want, and require ‘clear and convincing evidence” (Feinman, 2005, 88). Even after a her housemate testified that she had expressed her wish not to live “kept alive as a vegetable” (p 88),’ the court dismissed the testimony on grounds that being kept alive as a vegetable “could not be referring to artificial nutrition and hydration.” It demanded “clear and convincing evidence,” which Nancy could not give in her incapacitated state. It couldn’t be established whether she would have been euthanized without her consent, or she lived a few more days against her wish. It was at this time that the idea of advance directives was mooted, sparked of by the controversy of the Nancy Cruzan case. The Supreme Court’s ruling in 1990 was the harbinger of the constitutional reforms that followed to give them legal powers.

Advance Directives are formal orders that state how a person would have his/her personal effects handled in case they became incapacitated by ill health, accident or old age, and could not make sound decisions on their own (Wilkinson, 1999, 165). Advance Directives constitute two legal documents:

healthcare power of attorney, which confers one with the authority to make medical decisions on behalf of the maker in the event she/he could not make them,
A living will, which outlines the maker’s intentions regarding future medical treatment.

With the uncertainties of life in the face of unpredictable illness, accidents and the inescapable old age, the need for Advanced Directives could never be overestimated. They provide the most authentic means of determining what an individual would have wanted done in the event their mental and physical abilities failed them. This essay discusses the factors that make Advance Directives a desirable document to prepare, more especially for the elderly, who are prone to the fateful eventualities of life: physical exhaustion, mental incapacitation and vulnerability to diseases.

The case is presented of Lisa Weston, whose father had suffered a devastating stroke while on a visit to his daughter in Florida. As a result of the stroke, “this once bright, capable man couldn’t decide anything more complicated than what color shirt to wear on a given day” (Weston, 2009). Other aspects of his life, such as eating, paying his bills and the extent of medical treatment were decided by other people on his behalf.

This case captures the unpredictable nature of life, and the need to prepare in advance regarding medical care in the event of poor health and inability to make decisions. The state, she says, could very effectively decide the fate of your property if you died abruptly. However, it lacks an efficient mechanism to take care of you if your health condition deteriorated beyond the ability to make decisions. Even if it finally gets the person to act as your agent, it will be after a costly legal process, and perhaps appoint a person you would not have accepted- probably a stranger!

Advance directives allow elderly people to make known their wishes concerning future medication and health care plans. Since they are prepared when they have the mental competence to determine their wishes, they provide guidelines to be followed by family members and health care providers. It is not uncommon for families to confine their aging parents in nursing homes for the elderly, sometimes against their wishes. But for their physical weaknesses, memory lapses and mental break down, they could object and assert their preferences. It becomes urgently necessary, therefore, that they do so when their competence to determine their fate is not in doubt.

Some kinds of medical procedures may be in conflict with one’s religious beliefs and values regarding scientific treatments. For instance, one may object blood transfusion on grounds that it endangers the donor’s life, even if it is the only way to save their life. Similarly, others may wish to undergo euthanasia if hopes of full recovery diminish. Yet others, if religiously conservative, regard life so sacred and would rather that it be left to end on its own pace and time.

Robert Wendland was severely injured in a car crash in 1993 aged 42, triggering a bitter court battle between family members that climaxed at the Supreme Court of California. After staying in a coma for sixteen months, he regained partial consciousness with directed only minimal body movements. His wife, previously appointed by the court as his guardian, requested for euthanasia arguing that he couldn’t have wished to live in such state. His mother opposed her in court and won, although he died just a few days later, after eight years surviving on artificial nutrition and hydration. This case highlights the potential of conflicts among family members and unnecessary court expenses when a person is incapacitated and there are no advance directives to guide his medical care and treatments. Since one is not in a position to be consulted, the court might make decisions that could be against their wishes.

In the advance directives document, one attaches a value history form, which states their beliefs, personal and ethical values, religious convictions and the extent to which they would have their finances be used for their treatment, care and nursing. It therefore helps the chosen agent act in their best interests while respecting their personal and religious beliefs. They may also express their plans regarding organ donation, invasive tests during diagnosis and surgeries, aggressive intervention to prolong life and hospice care (Wilkinson, 166).

It helps family members avoid controversial ethical issues that they are likely to face in the process of making medical decisions (Krohm and summers, 2002, 68). It provides the guidelines of the decision making process, since suggestions would reflect their values and beliefs, while acting in their best interests (p 72). Medical procedures such as Cardiopulmonary Resuscitation may portend a chance to cure their illness, but it also exposes them to a series of physical insults on their bodies. It involves cardiac compressions, endotracheal intubation and artificial ventilation (Krohm and Summers 68). These present the dilemma whether they should be subjected to the torturous procedures for their own good, or forgo it to save them the pain and agony it causes. The former means that pain is willingly inflicted upon helpless patients who could not say no even if they wanted. The latter implies a commissioning of euthanasia by withholding treatment procedures that presents a chance of survival, however slim. A sense of guilt could haunt family members if they let go when the patient would have opted for any possible means there are to treat their condition. Lady Campbell, a bedridden woman suffering from muscular atrophy, was recorded on a TV interview saying:

“If I should ever seek death – there are several times when my progressive condition challenges me – I want you to guarantee that you are there supporting my continued life and its value. The last thing I want is for you to give up on me, especially when I need you most” (quoted in Evander 2007).

Doing according to their wishes as outlined in the advance directives, definitely, will solve all ethical issues pertaining to the available and viable medical treatments such as Cardiopulmonary Resuscitation and euthanasia. The right to life in our constitution presents a legal obstacle if a chronically ill patient had not prepared an advanced directives document, and the family wants to discontinue life supports. It guarantees every person the legal and moral protection against the termination of one’s life by another person through whatever means. Every human being has the right to live his/her life to the fullest, enjoying all the possible accompanying privileges. Her wish to live to the natural end of life, doing everything possible to sustain it will be respected if she had written advance directives, or given them orally when she was still in good health..

But if her condition renders her both physically and mentally inactive to the extent of making her unconscious of life and life supports futile, then physician assisted euthanasia gets some legal weight in countries where the practice is legalized. However, when the quality of live deteriorates beyond humanly tolerable conditions, and there were no advance directives, the question will arise whether continued living does the sufferer any good. If Lady Campbell had the foreknowledge that at some point her ailment may subject her to intense pain and suffering, so much so that life itself becomes intolerable, then wanting to die, and in effect euthanasia, is a choice she would have in the form, thus saving the family from long and expensive court processes. It is at this point, when it becomes ethically necessary and acceptable to end life that the conflict arises between family choices and legal provisions. Advanced directives, fortunately, solves this issue. They provide health care providers with guidelines (Matzo, Sherman, 2006, 189) “regarding life sustaining treatment in the face of diminished capacity, hence avoiding the confusions and conflicts that necessitate judicial intervention, as well as providing immunity from all civil and criminal liability if conditions are followed as stated in the directives form.”

Goroll and Mulley (2009, 32) argue that financial conflicts will arise in the unfortunate event the patient is handled by unscrupulous and greedy health care providers. They observe that patients will be exploited financially and spend unfair amounts of money in hopeless health conditions. They single out cases where physicians refer patients to their friends, institutions where they have financial interests or to pharmaceutical companies that give kickbacks and other incentives for every referred client. In such situations, the patient will keep spending more and more even when it is apparent that continued treatments will not improve their conditions. In the advance directives form, individuals are afforded the opportunity to state whether they would like to commit their finances all the way to till death determines otherwise, or it should be stopped when it becomes apparently futile and hopeless.

Death is an eventuality that will visit upon all human beings. When people are unprepared for it, it scares both the patient and family members, making them to live a stressful life. While it is not wished for, it is a fact of life that should be considered when making future plans, especially when you are old and physically weakened. The American Academy of Family Physicians (2009) says that this anticipation of the end of life by elderly people and chronically ill patients, “increases their peace of mind and control over their death.” Advance direct9ives, therefore, psychologically prepares the elderly and their families for their death, through anticipation and prior planning. Accordingly, they are afforded improved health care and medical treatments in time, making the rest of their days both comfortable and happy.

In conditions of ill health and physical weaknesses, the autonomy of the patients and elderly need to be recognized and be respected (Gallo and Rachel, 826). However, since at this point their mental and physical abilities are limited, they may not be able to express themselves. Even if they did, their reasoning may not be given credence, on the assumption that they don’t know what they want or what is good for them. Consequently, family members and health care providers might be tempted to make decisions which, regardless their soundness and good intentions violate their right to make personal decisions. By having the value history form, dialogue is encouraged between the elderly on the one hand, family members and health care providers on the other.

According to Lecca (1998, 182) elderly people are subject to health problems due to poor nutrition, substance abuse, mental health, injuries and trauma effects. As a result, their lives are prone to conditions that will hinder their decision making abilities. Equally, family members may regard their deteriorating condition as symptoms of the natural aging process, and consequently ignore seeking medical attention. In addition, they are usually marginalized and live in conditions of poor housing which can lead to health conditions such as pneumonia. Hence, it becomes urgently necessary for them to anticipate these possibilities and prepare for them. Advance directives provide them with the opportunity to plan out their future health care. It gives their agents the power to seek medical help on their behalf, even when it might not be obvious to others that it is necessary. Similarly, knowledge of their vulnerability to disease and injury will inform how they choose and finance health insurance policies that will cover future medical expenses.

It is common for elderly people to consider themselves to be in good health when in fact they are not. They are much more likely “to believe that the body, soul and mind are connected, so that if one’s mental health is sound, then his/her physical self is assumed to be fit as well” (Lecca, 182). However, this is not always the case. Diminished mental faculties and alertness may render them unconscious of their physical well being and consequently fail to seek medical care. The appointed agent will use the provisions of the advance directives and the principle of agency to seek medical treatment on their behalf.

And lastly, nothing necessitates the urgency of this document than having minor children who could not make decisions for themselves (Weston, 2009). Given their lack of knowledge to manage one’s financial and health affairs, it is important that people prepare advance directives in time, naming a reliable agent who would take care of their children.

Annotated Bibliography

American Academy of Family Physicians. (2009). Advance Directives and Do Not

Resuscitate Orders. Retrieved 29, February, 2010 from http://familydoctor.org/online/famdocen/home/pat-advocacy/endoflife/003.html

While it is not wished for, it is a fact of life that should be considered when making future plans, especially when you are old and physically weakened. This anticipation of the end of life by elderly people and chronically ill patients, “increases their peace of mind and control over their death” (The American Academy of Family Physicians 2009)

Feinman, J. M. (2005). One thousand and one legal words you need to know.

London: Oxford University Press US, 2005.

The book highlights the 1990 ruling of the Nancy Cruzan case by the US Supreme Court, which led to the constitutional reform to recognize advance directives. It determined that convincing evidence should be provided to verify the wishes of chronically ill patients incapable of speaking on their own. It ruled that the state of Missouri “could disregard the parents’ views of what Cruzan would want, and require ‘clear and convincing evidence” (Feinman, 2005, 88).

Gallo, J. J., Reichel, W. (1999). Reichel’s care of the elderly: clinical aspects of aging.

New York: Lippincott Williams & Wilkins.

The book examines the challenges that face incapacitated patients when their decisions are made by others, and their wishes get ignored. In conditions of ill health and physical weaknesses, “the autonomy of the patients and elderly need to be recognized and be respected (Gallo and Rachel, 826)

Goroll, A. H., Mulley, A. G. (2009). Primary Care Medicine: Office Evaluation and

Management of the Adult Patient. New York: Lippincott Williams & Wilkins, 2009.

Financial conflicts will arise in the unfortunate event the patient is handled by unscrupulous and greedy health care providers. They observe that patients will be exploited financially and spend unfair amounts of money in hopeless health conditions. The book singles out cases where physicians refer patients to their friends, institutions “where they have financial interests or to pharmaceutical companies that give kickbacks and other incentives for every referred client” (Goroll and Mulley, 32).

Krohm, C., summers K. (2002). Advance health care directives: a handbook for

professionals. New York: American Bar Association, 2002.

Medical procedures such as Cardiopulmonary Resuscitation may portend a chance to cure their illness, but it also exposes them to a series of physical insults on their bodies. It involves cardiac compressions, endotracheal intubation and artificial ventilation (Krohm and summers, 68).

Lecca, P. J. (1998). Cultural competency in health, social, and human services:

directions for the twenty-first centuryVolume 1085 of Garland reference library of social science: Social Psychology Reference Series. New York: Taylor & Francis.

Elderly people are subject to health problems due to “poor nutrition, substance abuse, mental health, injuries and trauma effects” (Lecca, 182). As a result, their lives are prone to conditions that will hinder their decision making abilities. It is common for elderly people to consider themselves to be in good health when in fact they are not. They are much more likely “to believe that the body, soul and mind are connected, so that if one’s mental health is sound, then his/her physical self is assumed to be fit as well” (p 182). Equally, family members may regard their deteriorating condition as symptoms of the natural aging process, and consequently ignore seeking medical attention

Matzo M. Sherman, D. W. (2006). Palliative care nursing: quality care to the end of life

New York: Springer Publishing Company.

When it becomes ethically necessary and acceptable to end life, the conflict arises between family choices and legal provisions. Advanced directives, fortunately, solves this issue. They provide health care providers with guidelines (Matzo, Sherman, 2006, 189) “regarding life sustaining treatment in the face of diminished capacity, hence avoiding the confusions and conflicts that necessitate judicial intervention, as well as providing immunity from all civil and criminal liability if conditions are followed as stated in the directives form.”

Wilkinson, J. A. (1999). A Family Caregiver’s Guide to Planning and Decision Making

for the Elderly. New York: Fairview Press, 1999.

The significance of the value history form is emphasized, which states individuals’ beliefs, personal and ethical values, religious convictions and the extent to which they would have their finances be used for their treatment, care and nursing. It therefore helps the chosen agent act in their best interests while respecting their personal and religious beliefs. They may also express their plans “regarding organ donation, invasive tests during diagnosis and surgeries, aggressive intervention to prolong life and hospice care” (Wilkinson, 166)

Weston, L. P. (July, 2009). 3 legal papers you shouldn’t live without. Retrieved 19,

February, 2010 from http://articles.moneycentral.msn.com/RetirementandWills/PlanYourEstate/3legalPapersYouShouldntLiveWithout.aspx?page=1

Article presents the case of Lisa Weston, whose father had suffered a devastating stroke while on a visit to his daughter in Florida. As a result of the stroke, “this once bright, capable man couldn’t decide anything more complicated than what color shirt to wear on a given day” (Weston, 2009). Other aspects of his life, such as eating, paying his bills and the extent of medical treatment were decided by other people on his behalf.

The second case is that of Robert Wendland, who was severely injured in a car crash in 1993 aged 42, triggering a bitter court battle between family members that climaxed at the Supreme Court of California.

PART TWO

CHOSEN ARTICLE

3 Legal Papers You Shouldn’t Live Without

By Weston L. P. 2009

If you were too injured or ill to make your own decisions, who would do it? A stranger or a greedy relative picked by the state? Don’t wait; make your choices known.

Writing about incapacity is one thing. Experiencing it, even secondhand, is quite another.

My father suffered a devastating stroke last year while visiting his sister in Florida. During the final four months of his life, this once bright, capable man couldn’t decide anything more complicated than what color shirt to wear on a given day. Every other decision regarding his life — what he ate, how his bills were paid and how hard his caregivers should fight to keep him alive — had to be made by others.

Pros and cons of long-term care insurance

Most Americans don’t have wills, but that’s not the crisis that many in the estate-planning industry would have you believe. With a few exceptions, which we’ll talk about below, most people’s quality of life won’t be much improved by a will.

That’s because your state already has a basic plan for distributing your stuff when you die. You’re dead, so what do you care? If who got your compact disc player or your comic book collection wasn’t important enough for you to bother with a will while you were alive, it certainly won’t matter to you after you’re gone.

What your state doesn’t have, though, is an efficient way to take care of you if you’re still breathing but unable to make your own decisions because of incapacitating illness or injury. So if you get in a car accident and die, your estate will be distributed more or less efficiently. Get in a car accident and end up in a coma, and you could be in a world of hurt.

Your critical decisions made by a stranger?

Who would pay your bills or wrangle with insurance companies about your care? Who would decide whether to sue that driver who hit you — or to shut off the respirator that’s keeping you going?

The state will eventually find someone to fill these roles, after a potentially costly and time-consuming court hearing. But it might not be the person you would want. So at a time when you’re most vulnerable, life-and-death decisions could be made for you by a stranger — or an estranged, distant or greedy relative.

That’s why you need the following documents:

A durable power of attorney for health care, which lets you identify who will make medical decisions for you. (This is also known as an advance directive or health care proxy.)

A durable power of attorney for finances, which designates who’ll handle money decisions.

A living will, which tells doctors exactly what kind of care you do and don’t want to receive if you’re terminally ill and incapacitated. (Some states, including Kentucky, Minnesota, Oklahoma, Oregon, South Carolina, Virginia and Wyoming, combine the living will and the durable power of attorney for health care in the same form.)

Fortunately, you can get these documents, plus a basic will, drawn up by an attorney for $300 to $500 in most areas. You can also buy software, such as Quicken WillMaker, for about $40 if you want to do the work yourself.

Fight over removing the feeding tubes

The point is, just do it. Strokes and accidents don’t happen just to other people.

If you need more convincing, consider the case of Robert Wendland, who was severely injured in a 1993 car crash at age 42, sparking a gut-wrenching court battle between his wife and his mother that ended up before the California Supreme Court.

Wendland was in a coma for 16 months before recovering what doctors called “minimal consciousness.” He could catch a ball and play with infant toys but couldn’t speak, eat, walk, recognize his family or comprehend a Saturday morning cartoon. Doctors said his condition was not terminal but would never improve.

Wendland’s wife, Rose, whom a court had appointed as his conservator, decided he wouldn’t have wanted to live as he was and asked doctors to remove his feeding and hydration tubes. Wendland’s mother, Florence, went to court to keep him alive. Eventually, California’s top court sided with the mother — a few weeks after Wendland died of pneumonia, after surviving on life support for eight years.

Although courts have allowed family members to disconnect life support from unconscious, terminally ill patients who didn’t express their wishes clearly, the California justices were reluctant to set such a precedent for “minimally conscious” patients.

The right to direct your own medical care

Had Wendland created durable powers of attorney or any other paperwork detailing how and whether he wanted life support to be used, the court battle may have been prevented, legal experts said. That’s because the U.S. Supreme Court has ruled that every individual has a right to direct his or her own medical care, even if loved ones disagree with those directions.

And let me tell you: Not having clear instructions, or having to fight with other family members over what you think a loved one would want, is pure anguish.

Of course, thinking about these issues is not fun, which is probably why most people avoid it. You have to ponder some of the grimmest circumstances imaginable. Do I want to be on a respirator if I’m conscious? If I’m unconscious? Do I want food and water withheld? How about pain medication?

There are so many issues to ponder that I highly recommend ordering copies of Your Way, a guide created by nonprofit group HELP, to aid you in deciding what you want and don’t want if you’re incapacitated

Decisions about health care and money

You also have to figure out whom to name as your “attorney in fact,” or proxy, to help implement these decisions for you. Keep in mind:

Two heads may be better than one. You don’t have to name the same person for both powers of attorney. In fact, many people find that the people they trust to make health care decisions are different from the ones they want handling their finances.

Spouses are good, but have a backup. If you’re married or in a committed partnership, that person is a logical choice to fill both roles. But you’ll still need backups in case he or she is injured or killed in an accident with you, or is unable or unwilling to serve.

Keep them close. For the health care directive, you’ll probably want people who are nearby or at least willing to travel to the hospital to be with you, perhaps for an extended time. The person handling your finances may be able to do so remotely, although you may still prefer to name someone who lives relatively close for convenience. In addition to paying your bills and handling insurance claims, the person handling your finances may also need to sell your home or make other complicated moves that require more proximity.

Make sure they’re tough. With your health care proxy, especially, you need someone who’s forceful enough and committed enough to your stated wishes to advocate for you, regardless of what others (including family and medical professionals) might think.

You can change these documents at any time, as long as you’re still competent. You probably should review them about once a year to make sure you’re still comfortable with your decisions.

My father gave his wife his power of attorney for both finances and health care in his estate documents, but unfortunately, no backup people were identified. Frail and elderly, his wife was overwhelmed by the situation and the need to take over functions, from balancing the checkbook to making travel arrangements, which had always been his. After two months, her own ill health caused her to return to her native Australia.

Had my dad lasted much longer, we might have had to go through an expensive court process to identify a new guardian to make decisions for him. As it was, his wife finally made the choice to put him on palliative care, which managed his pain without continuing medical intervention to try to keep him alive. He died several days later.

My dad was quite fortunate in one sense: He had plenty of people who loved him. I’ve heard from other older folks who couldn’t think of anyone they trusted enough to give their power of attorney. If that’s the case for you or any older person you know, a family attorney or certified public accountant might serve, or a professional trustee might be an option. All major banks and trust companies have these professionals.

Parents of minor children: This one’s for you

Now, back to the issue of wills. I was being a bit facetious above, since many people want more control over who gets their stuff than state law dictates. If you’re wealthy, estate-planning documents also can help you reduce potential taxes, which can give you peace of mind while you’re alive.

That said, there is one group of people who should absolutely, no question, have wills, and that’s parents of minor children. Even if you can’t agree on who gets the crystal, you need to agree on who would take care of your children in the event of your death. No matter how icky you feel about planning for your own demise, you owe it to your kids to spare them the potentially ugly and drawn-out custody battle that could ensue if you don’t make these decisions now. For more, read “Who will take care of your kids if you die?“

So go make that appointment with an attorney or buy the software — right now. A small investment of your time could spare you and your loved ones a lot of grief.

Retrieved 19, February, 2010 from http://articles.moneycentral.msn.com/RetirementandWills/PlanYourEstate/3legalPapersYouShouldntLiveWithout.aspx?page=1

A. ANALYSIS OF THE ARTICLE

The question that people should ask themselves is who will make crucial decisions on their behalf, should they suddenly be rendered incompetent by an accident or illness. Not having a will, as many Americans won’t, is not really an issue since there are legal provisions that will oversee the distribution of one’s property in the event they die. However, being alive but incapable of making personal decisions poses the greatest challenge, both to the individual and family members.

The constitution does not provide guidelines on how one should be taken care of if his physical or mental ability makes him unable to make them. It takes the intervention of the court and a long legal process to determine who will act as the person’s agent in matters of decision making. It may end up to be a stranger who takes the responsibility of executing some of the most crucial decisions of life, such as deciding on discontinuation of life supports and further medication

This in itself does not solve potential problems. Family members could disagree on as to what extent medical treatment and care will be necessary. Some may prefer euthanasia when hopes of healing diminish, and others object to intentional termination of life. This means more court proceedings for litigation.

But the most challenging situation is in cases where there are minor children. They are so vulnerable and helpless that a trusted person will be required to oversee their needs. If only for the sake of children, people should seriously consider preparing advance directives. And for your agent, choose a person who is strong to stand up for your best interests in the face of challenges and opposition from other family members.

B. PARAPHRASED PARAGRAPHS

Lisa Weston’s father had suffered a devastating stroke while on a visit to his daughter in Florida. As a result of the stroke, “this once bright, capable man couldn’t decide anything more complicated than what color shirt to wear on a given day” (Weston, 2009). Other aspects of his life, such as eating, paying his bills and the extent of medical treatment were decided by other people on his behalf.

One should also contemplate about unfortunate eventualities. You should wonder if you would like to be on life supports in case you become physically and mentally incapacitated. The person who makes that decision on your behalf should be reliable to ensure your wishes are followed. In the case of Weston’s father, her mother, whom he had appointed, was old and in poor health, of which consequence she had to retire to her native home, leaving him in a sedated condition but with no further treatments.

Thus, it so happens that most elderly people couldn’t get a reliable and trustworthy person to appoint as their agents. In such cases, it is advisable to appoint the family attorney. If not available, seek the help of professional trustees provided by trust companies and some banks.

Nonetheless, having minor children makes it very urgent and necessary to prepare advance directives. Even if you can’t decide on the distribution of your property, spare your kids the torture of court battles in case anything unfortunate happens.

Research on Advance Directives