FAQs
What is a living will?
A living will, known in most states as a Directive to Physicians or Healthcare Directive, sets forth your wishes about what extended medical treatment should be withheld or provided if you become unable to communicate those wishes. The directive creates a contract with the attending physician to carry out your desires. Once the doctor is provided with a properly signed and witnessed directive, he or she is under a duty to honor its instructions or to make sure you are transferred to the care of another doctor who will. Many people mistakenly believe a healthcare directive is used only to instruct doctors to withhold life-prolonging treatments. Though certainly capable of being used in this regard, health care directives today are more often being used to reinforce desires to continue with treatments under specific circumstances.
What is a durable power of attorney for healthcare? Doesn't that do the same thing as a living will?
A durable power of attorney for healthcare -- called a healthcare proxy in some states -- gives another person authority to make medical decisions for you if you are unable to make them for yourself. Unlike a healthcare directive, this document doesn't necessarily state what type of treatment you want to receive. You can leave those decisions to your proxy if you feel comfortable doing so. Ideally, however, the two documents will work together. For example, your healthcare directive may contain a clause appointing a proxy (sometimes called an attorney-in-fact, agent or representative) to be certain your wishes are carried out as you've directed. Or you may create two separate documents, a directive explaining the treatment you wish to receive and a durable power of attorney appointing someone to oversee your directive.
If you do not have the confidence in someone to name as your healthcare proxy, it is still important to complete and finalize a healthcare directive detailing your wishes. This way, your doctors will be well-informed of your treatment and care decisions and remain obligated to give you the medical care you want.
What happens if I don't have any healthcare documents?
If you have not completed a formal document such as a healthcare directive or a durable power of attorney appointing someone to make healthcare decisions on your behalf, your treating physicians will consult with your family and use their own discretions in deciding what kind of medical care you will receive. Notably, when a question arises about whether surgery or some other serious procedure is necessary, it is the patient's immediate family -- spouse, parent or adult child -- is involved in making those critical care decisions. Friends, unmarried partners, or more distant relatives, although perhaps most familiar with your wishes, are rarely consulted, or are statutorily removed from the decision-making process.
Lessons from Terry Schiavo. Problems arise when partners or family members disagree about what treatment is proper. This was precisely the case for Terry Schiavo, a woman who was seriously injured and needed full-time care. The conflict arose between Terry's husband and Terry's parents as to who had the legal authority to make critical care decisions for Terry, even to the point of withholding life-sustaining treatments. Not surprisingly, this battle wound up in court, gaining national attention and placing Terry's fate in the hands of a judge who knew little of Terry or her philosophy on life, death, and medical care. Alarmingly, such battles are becoming increasingly common. The end result is rarely satisfying for the patient or the family, costing several thousands of dollars in legal fees, destroying relationships, and creating ethical conflicts for all of those involved.
How Much Does Probate Cost?
Probate fees and expenses vary depending upon the character of the property to be probated, complexity of the administration issues, and similar considerations. Generally the more real estate or hands-on types of assets needing administration, the more costly the probate may be. If federal estate or income taxes are due, the cost of Probate can be much higher, with the responsibility for paying these taxes on the personal representative. Personal representative commissions and attorneys fees seem to be the biggest expenses of estates. Those commissions and fees are tightly regulated in both Nevada and Montana via their respective probate statutes. Our firm is well-versed in probate administration and can guide you through this complicated process in effort to minimize administration costs.
