If you wish to complete an Advance Directive to have at home or before entering the hospital, Lawrence & Memorial is willing to mail you the forms by which an attorney-in-fact, a health care agent and a conservator may be appointed by you. Please note that Connecticut law requires that your attorney-in-fact and your health care agent be the same person. Also, your signature on the forms need to be witnessed by 2 people. Family members may witness as long as they are not the person being appointed in the Advance Directive.

Your Advance Directive should be kept in a secure but accessible place. Discuss your feelings with family members and let them know your wishes so they can abide by them. The feelings of many family members are often hurt when no one communicates this information. Copies should be shared with those who may be called upon to act on your behalf such as family, doctors, your attorney and significant others. Remember, this document can never be used unless an emergency arises that prevents you from making your own decisions. It's important that your doctor be made aware of any advance directive that you may have. If you are going to be a patient at the hospital, don't forget to bring a copy with you. It will become part of your medical record.

For your free copy, e-mail your name and address to Cathy Reilly at kreilly@lmhosp.org or you can call her at 860.442.0711, ext. 2478. Living Wills are mailed out weekly by dedicated volunteers.

Understanding Power of Attorney

Power of attorney is an instrument that gives one person the right to act on behalf of another person. There are several different kinds of power of attorney. The following is a brief explanation of each of them and how they can be used in caregiving situations.*

General Power of Attorney:
A general power of attorney gives the caregiver authority to act on behalf of either the elder and/or the estate of the elder. A power of attorney is only valid as long as the elder is competent. This means the power of attorney stops if the elder becomes critically disabled, unable to communicate, or mentally incapable of making rational decisions.

Durable Power of Attorney:
A durable power of attorney is the same, as general power of attorney except it remains valid when the elder becomes mentally or physically incompetent. A durable power allows elders to appoint a trusted caregiver to make decisions and carry out their wishes rather than leaving their fate to the courts.

Durable Power of Attorney for Health Care:
A durable power of attorney for health care or health care proxy gives a caregiver the authority to make health care decisions for the elder. The elder can specify the aspects of health treatment that are included in the health care power of attorney. The instrument can provide the authority to select medical personnel, access the elder's medical records, and spend money for medical care, and consent to or withhold medical or surgical procedures.

Springing Power of Attorney:
A springing power of attorney goes into effect only when the elder becomes incapacitated. This instrument allows elders to maintain authority until they no longer can. The elder should specify the circumstances under which the power of attorney becomes valid and who will make that determination (usually a physician).

Guardianship or Conservatorship:
Guardianship, referred to in some states as conservatorship, involves a court proceeding that determines a person needs someone to manage his/her affairs because he/she is no longer able to. The court appoints a guardian, someone to act on behalf of the ward, the incapacitated person. Incapacity is defined as mental illness, insanity, mental retardation, physical disability, alcohol or drug addiction, advanced age and senility. A guardian can be appointed to make decisions for the person, the estate or both.

The court proceedings to appoint a guardian can be emotionally charged and may include testimony by a medical expert, a social worker, family members, and friends. Guardianship should only be considered as an option if there are no other alternatives. The process can diminish the self-esteem of the incapacitated person. It can result in a loss of all rights-the right to vote, buy or sell property, approve medical treatment, and enter into agreements and contracts.

Representative Payee:
A representative payee arrangement allows caregivers to manage government benefit payments on behalf of elders. These arrangements are made through the Social Security Administration for elders who can no longer manage their money.

*(Information excerpt from MFS Heritage Planning "...by they're my parents" a Guide to Caring for Aging Parents. Distributed by ADVEST, Hartford, CT.)