No matter where I go these days, the topic of wills and estates comes up in conversation.  Inevitably, it goes like this: 

You: “I know, I know, I should really get my Will done. I’ve been meaning to for years.”

Me: “Yeah, it really is a good idea, but just as importantly, you should get your Living Will completed as well.”

You: “Living Will – What’s that???”

 Although it deserves its own article, most of us understand what a Last Will and Testament is.  However, surprisingly few understand what a Living Will is, and how important it can be.

 A Living Will is made up of two parts – Enduring Power of Attorney (EPA) and Personal Directive (PD).  I won’t speak about the EPA today except to say that it’s important to make sure that your financial and personal matters are taken care of in the case where you become incapacitated.  Today I will speak about the Personal Directive.

 A Personal Directive is a document, usually written in plain language, outlining your views and wishes about the personal care you would like to receive when you no longer are able to speak for yourself.  You give your “Agent” the legal authority to make decisions on your behalf about such matters as health care, where you live, who can visit you, and other personal care issues.

 Having a Personal Directive in place can save a lot of worry today and into the future, both for you and for your relatives and/or friends.  Not only will you make sure that your physical body is taken care of properly, you will also make sure that any guardianship matters are looked after. It is a common misconception that your spouse or family automatically has the authority to make medical decisions on your behalf if you become incapacitated.

 Lately, Guardianship has become a major issue for a number of local residents who have elderly parents or relatives in their personal care.  This is a reality of an aging baby boomer generation. When it becomes necessary to place the parent or relative in a lodge or long-term care facility, many applicants are being turned away by the administrative staff if a Personal Directive is not in place.  Without that Personal Directive, homes and facilities are insisting that an application for Guardianship be made to the courts, often a great and unexpected surprise.  You can expect to incur costs between $1500 and $3000 to obtain Guardianship Order, including court and legal fees.  This can be a real hardship on either the elderly person’s estate, family or the specific caregiver’s bank account.

 Thankfully, many of the facilities that require a Personal Directive or Guardianship Order will allow admission to the facility upon receiving a letter from a lawyer indicating that an application for Guardianship is in progress.  However, this is not really a welcome consolation prize for not having a Personal Directive in place.

 Consider getting a Personal Directive, along with your Enduring Power of Attorney and Last Will and Testament done drafted by a lawyer soon as possible.  The small cost that you incur now may save many hours and dollars down the road.  As well, consider getting a Personal Directive, EPA and Will in place for any aging dependents.

 Adam Letourneau is owner of Letourneau Law.