Who should get my money and property when I'm gone? Is there enough money to provide for my family? Who should be guardian of minors or handicapped beneficiaries? A good estate plan includes planning for your possible disability. You may become sick due to illness, accident or age. Planning can insure that your wishes are carried out and can ease the burden on your loved ones. There are four important legal documents that you should consider having: the Durable General Power of Attorney, the Health Care Power of Attorney, the "Living Will" and a regular Will. The Will, Living Will, and General Powers of Attorney must be signed while you are mentally capable. Death automatically cancels powers of attorney, so you still need a Will.

The Durable General Power of Attorney

The Durable General Power of Attorney and Living Trusts are legal documents where you (the principle) allow another person (the agent, attorney-in-fact or trustee) the powers necessary to manage your assets, property and personal affairs. "Durable" means the document can operate if you become physically or mentally unable to decide personally. The Living Trust is a way of managing your property and using income and principal to pay your bills during your lifetime then pass it on to your beneficiaries at death without probate.

If you want or need to have someone else manage your property and pay your bills in case of illness, the Living Trust is by far the best. Because a trust is not filed in court, it is private, unlike a Will, which must be filed in court at death. However, copies of the trust may be required by persons dealing with the trustee such as, for example, banks, stock brokers, etc. Examples of Powers of Attorney are the deputy cards that you can sign to authorize someone to write checks on your bank account or to authorize access to your safe deposit box. In a long illness, a General Power of Attorney doesn't work as smoothly as a Living Trust. For this reason, many lawyers recommend Living Trusts for clients who are ill or elderly, and use the Power of Attorney for clients who are younger and healthy.

The Health Care Power of Attorney/Proxy

This is a legal document where you can give legal control to someone to make medical decisions for you if you become unable to. Some states call a healthcare power of attorney a "healthcare proxy" or "proxy directive." The person named to make decisions is called an agent, surrogate, patient advocate, representative, proxy, or attorney in fact. Your state may have a law that allows certain people to make healthcare decisions for you if you become disabled even if you have not made a healthcare planning document, but these laws do not tell the person your wishes.

The health care agent you choose is given the power to hire and fire doctors and to consent to your admission and discharge from hospitals and other institutions. The agent may be given the authority to make all medical decisions for you, including decisions about life-supports.

The Living Will

The Living Will is a legal document where you express that there are certain life-prolonging procedures you do not wish for yourself in the event you become terminally ill and are unable to speak for yourself. In this document you state that you do not wish to be kept alive through various means such as tube feeding, hydration, artificial breathing devices, chemotherapy, and other certain conditions. The form allows you to withdraw life-sustaining treatment when you are in either of two conditions "terminal and incurable" or "persistent vegetative state." For each condition you may direct the withholding of "extraordinary means" of keeping you alive, such as a respirator, or the withholding of both extraordinary means and "artificial nutrition and hydration."

You can get a copy of the Living Will, in the form approved by your state, from Concern for Dying (CFD), 250 West 57th Street, New York, NY 10017, (212) 246-6962. According to CFD, signing a Living Will, wont affect any life insurance policy.

Important Differences Between the Documents

Both the Living Will and the Health Care Power of Attorney can provide for the withholding of life-sustaining procedures. In a Living Will you decide in advance, but in a Health Care Power of Attorney you may place the burden to make the decision on your health care agent. A Living Will, also called a directive or declaration, expresses your wishes directly to providers, but they have conditions about when they can be obeyed and the kinds of choices providers can accept. If you have only a living will, a physician who wants to respect your choices may not be able to if a family member or another provider objects. A Power of Attorney authorizes an agent to speak for you with your providers, and usually allows your agent to make every kind of decision for you that you could make yourself if you were able to.

Any mentally sound adult can make these documents, and occasionally, certain minors. In most states the legal age of adults is eighteen. If you are physically unable to complete a document, check to see if someone else can do that for you at your direction. In no state can another person make a healthcare power of attorney for you except at your request. Minors who live on their own, are married, or are mature and have strong religious or other personal beliefs about life-sustaining medical treatments such as blood transfusions, might be able to make legal healthcare planning documents in certain states.

Anyone who wants to avoid life-sustaining medical treatment in some circumstances should have healthcare planning documents, because anyone can experience an illness or injury for which life-sustaining treatment might be used. Attorney involvement is normally not necessary, but recommended. When you are ready to make healthcare planning documents you should check the laws in your state. One way to do that is through an attorney, but you can get the most current information, at minimal cost, from Choice in Dying, 200 Varick Street, New York, NY 10014, telephone (212) 366-5540. You should consult a lawyer if you have a question about your rights, your providers' obligations, the rights of others (family, agents, healthcare providers, etc.) who you expect will want to be involved in decisions about your health care or who disagree with your intentions about life-sustaining treatment, you are a minor, your physician will not accept your choices, you think your mental ability might be questioned when you sign your documents, you believe that someone might claim you did not understand the documents when you made them, you are physically unable to complete documents personally and your state law does not authorize someone else to do that for you at your direction, or if you want someone else to make your healthcare decisions for you while you still are able to make decisions for yourself.

Generally, documents that are legal in one state are legal in other states. Certain conditions, however, might not be accepted by providers, or be legally carried out, if the law of the state where implementation is requested does not allow them or if it forbids them. You should not expect healthcare planning documents made in the United States to be honored in other countries, although they might be.

State Law Summaries (as of 1992)

Legal Requirements for Health Care Durable Powers of Attorney

Legal Requirements for Declarations and Directives, Including the Supplement (as of December 31, 1992)

Alabama: Your document can be signed and dated by someone else for you, at your direction, if you are physically unable to do so. Witnessing is required, but not notarization. Witnesses can't be: anyone who signs and dates your document for you, anyone related to you by blood or marriage, anyone entitled to your property when you die, and anyone financially responsible for your medical care.

Alaska: Your document can be signed and dated by someone else for you, at your direction, if you are physically unable to do so. Witnessing or notarization is required, but the choice is yours. Witnesses can't be anyone related to you by blood or marriage.

Arizona: Your document can be signed and dated by someone else for you, at your direction, if you are physically unable to do so. Witnessing or notarization is required, but the choice is yours. Witnesses can't be: anyone related to you by blood, adoption, or marriage, anyone entitled to your property when you die, your attending physician or any employee of his/hers, an operator or an employee of a healthcare facility where you receive care, or anyone you named as an agent or alternative. The law includes permanent unconsciousness in the definition of terminal condition.

Arkansas: Your document can be signed and dated by someone else for you, at your direction, if you are physically unable to do so. Witnessing is required, but not notarization. The law includes permanent unconsciousness in the definition of terminal condition.

California: Your document can be signed and dated by someone else for you, at your direction, if you are physically unable to do so. Witnessing is required, but not notarization. Witnesses can't be: anyone entitled to your property when you die, your attending physician or any employee of his/hers, or an operator of a healthcare facility where you receive care or an employee of the facility. The law includes permanent unconsciousness in the definition of terminal condition.

Colorado: You must sign and date your document. Witnessing is required, but not notarization. Witnesses can't be: anyone entitled to your property when you die, anyone who might be owed money by your estate, your attending physician or any employee of his/hers, or an operator of a healthcare facility where you receive care or an employee of the facility.

Connecticut: You must sign and date your document. Witnessing is required, but not notarization. The law includes permanent unconsciousness in the definition of terminal condition.

Delaware: Your document can be signed and dated by someone else for you, at your direction, if you are physically unable to do so. Witnessing is required, but not notarization. Witnesses can't be: anyone related to you by blood or marriage, anyone entitled to your property when you die, anyone who might be owed money by your estate, an operator of a healthcare facility where you receive care or an employee of the facility, or anyone financially responsible for your medical care.

D.C.: Your document can be signed and dated by someone else for you, at your direction, if you are physically unable to do so. Witnessing is required, but not notarization. Witnesses can't be: anyone who signs and dates your document for you, anyone related to you by blood or marriage, anyone entitled to your property when you die, your attending physician or any employee of his/hers, an operator of a healthcare facility where you receive care or an employee of the facility, or anyone financially responsible for your medical care.

Florida: Your document can be signed and dated by someone else for you, at your direction, if you are physically unable to do so. Witnessing is required, but not notarization. Witnesses can't be anyone related to you by blood or marriage. The law includes permanent unconsciousness in the definition of terminal condition.

Georgia: You must sign and date your document. Witnessing is required, but not notarization. Witnesses can't be: anyone related to you by blood or marriage, anyone entitled to your property when you die, anyone who might be owed money by your estate, your attending physician or any employee of his/hers, an operator of a healthcare facility where you receive care or an employee of the facility, or anyone financially responsible for your medical care. The law includes permanent unconsciousness in the definition of terminal condition.

Hawaii: Your document can be signed and dated by someone else for you, at your direction, if you are physically unable to do so. Both witnessing and notarization are required. Witnesses can't be: anyone related to you by blood, adoption, or marriage, your attending physician or any employee of his/hers, or an operator of a healthcare facility where you receive care or an employee of the facility. The law includes permanent unconsciousness in the definition of terminal condition.

Idaho: You must sign and date your document. Witnessing is required, but not notarization. The law includes permanent unconsciousness in the definition of terminal condition.

Illinois: Your document can be signed and dated by someone else for you, at your direction, if you are physically unable to do so. Witnessing is required, but not notarization. Witnesses can't be: anyone who signs and dates your document for you, anyone entitled to your property when you die, or anyone financially responsible for your medical care.

Indiana: Your document can be signed and dated by someone else for you, at your direction, if you are physically unable to do so. Witnessing is required, but not notarization. Witnesses can't be: anyone who signs and dates your document for you, anyone related to you by blood, adoption, or marriage, anyone entitled to your property when you die, or anyone financially responsible for your medical care.

Iowa: Your document can be signed and dated by someone else for you, at your direction, if you are physically unable to do so. Witnessing or notarization is required, but the choice is yours. Witnesses can't be: anyone related to you by blood, adoption, or marriage, or your attending physician or any employee of his/hers. The law includes permanent unconsciousness in the definition of terminal condition.

Kansas: Your document can be signed and dated by someone else for you, at your direction, if you are physically unable to do so. Witnessing is required, but not notarization. Witnesses can't be: anyone who signs and dates your document for you, anyone related to you by blood or marriage, anyone entitled to your property when you die, or anyone financially responsible for your medical care.

Kentucky: Your document can be signed and dated by someone else for you, at your direction, if you are physically unable to do so. Witnessing is required, but not notarization. Witnesses can't be: anyone entitled to your property when you die, your attending physician or any employee of his/hers, an operator of a healthcare facility where you receive care or an employee of the facility, or anyone financially responsible for your medical care.

Louisiana: You must sign and date your document. Witnessing is required, but not notarization. The law includes permanent unconsciousness in the definition of terminal condition.

Maine: Your document can be signed and dated by someone else for you, at your direction, if you are physically unable to do so. Witnessing is required, but not notarization. The law includes permanent unconsciousness in the definition of terminal condition.

Maryland: Your document can be signed and dated by someone else for you, at your direction, if you are physically unable to do so. Witnessing is required, but not notarization. Witnesses can't be: anyone who signs and dates your document for you, anyone related to you by blood or marriage, anyone entitled to your property when you die, anyone who might be owed money by your estate, or anyone financially responsible for your medical care.

Massachusetts: No law authorizing directives.

Michigan: No law authorizing directives.

Minnesota: You must sign and date your document. Witnessing or notarization is required, but the choice is yours. Witnesses can't be: anyone entitled to your property when you die.

Mississippi: You must sign and date your document. Witnessing is required, but not notarization. Witnesses can't be: anyone related to you by blood or marriage, anyone entitled to your property when you die, anyone who might be owed money by your estate, or your attending physician or any employee of his/hers.

Missouri: Your document can be signed and dated by someone else for you, at your direction, if you are physically unable to do so. Witnessing is required, but not notarization. Witnesses can't be anyone who signs and dates your document for you.

Montana: Your document can be signed and dated by someone else for you, at your direction, if you are physically unable to do so. Witnessing is required, but not notarization.

Nebraska: Your document can be signed and dated by someone else for you, at your direction, if you are physically unable to do so. Witnessing or notarization is required, but the choice is yours. Witnesses can't be an operator of a healthcare facility where you receive care or an employee of the facility. The law includes permanent unconsciousness in the definition of terminal condition.

Nevada: Your document can be signed and dated by someone else for you, at your direction, if you are physically unable to do so. Witnessing is required, but not notarization.

New Hampshire: You must sign and date your document. Both witnessing and notarization are required. Witnesses can't be: anyone related to you by blood or marriage, anyone entitled to your property when you die, anyone who might be owed money by your estate, your attending physician or any employee of his/hers, or an operator of a healthcare facility where you receive care or an employee of the facility. The law includes permanent unconsciousness in the definition of terminal condition.

New Jersey: Your document can be signed and dated by someone else for you, at your direction, if you are physically unable to do so. Witnessing or notarization is required, but the choice is yours. Witnesses can't be anyone you named as an agent or alternative. The law includes permanent unconsciousness in the definition of terminal condition.

New Mexico: Your document can be signed and dated by someone else for you, at your direction, if you are physically unable to do so. Witnessing is required, but not notarization. The law includes permanent unconsciousness in the definition of terminal condition.

New York: No law authorizing directives.

North Carolina: You must sign and date your document. Both witnessing and notarization are required. Witnesses can't be: anyone related to you by blood or marriage, anyone entitled to your property when you die, anyone who might be owed money by your estate, your attending physician or any employee of his/hers, or an operator of a healthcare facility where you receive care or an employee of the facility. The law includes permanent unconsciousness in the definition of terminal condition.

North Dakota: Your document can be signed and dated by someone else for you, at your direction, if you are physically unable to do so. Witnessing is required, but not notarization. Witnesses can't be: anyone related to you by blood or marriage, anyone entitled to your property when you die, anyone who might be owed money by your estate, your attending physician or any employee of his/hers, or anyone financially responsible for your medical care.

Ohio: Your document can be signed and dated by someone else for you, at your direction, if you are physically unable to do so. Witnessing or notarization is required, but the choice is yours. Witnesses can't be: anyone related to you by blood, adoption, or marriage, your attending physician or any employee of his/hers, or an operator of a healthcare facility where you receive care or an employee of the facility. The law includes permanent unconsciousness in the definition of terminal condition.

Oklahoma: You must sign and date your document. Witnessing is required, but not notarization. Witnesses can't be anyone entitled to your property when you die. The law includes permanent unconsciousness in the definition of terminal condition.

Oregon: You must sign and date your document. Witnessing is required, but not notarization. Witnesses can't be: anyone related to you by blood or marriage, anyone entitled to your property when you die, anyone who might be owed money by your estate, your attending physician or any employee of his/hers, or an operator of a healthcare facility where you receive care or an employee of the facility.

Pennsylvania: Your document can be signed and dated by someone else for you, at your direction, if you are physically unable to do so. Witnessing is required, but not notarization. Witnesses can't be anyone who signs and dates your document for you. The law includes permanent unconsciousness in the definition of terminal condition.

Rhode Island: Your document can be signed and dated by someone else for you, at your direction, if you are physically unable to do so. Witnessing is required, but not notarization. Witnesses can't be anyone related to you by blood or marriage.

South Carolina: You must sign and date your document. Both witnessing and notarization are required. Witnesses can't be: anyone related to you by blood, adoption, or marriage, anyone entitled to your property when you die, anyone who might be owed money by your estate, your attending physician or any employee of his/hers, an operator of a healthcare facility where you receive care or an employee of the facility, or anyone financially responsible for your medical care. The law includes permanent unconsciousness in the definition of terminal condition.

South Dakota: Your document can be signed and dated by someone else for you, at your direction, if you are physically unable to do so. Witnessing is required, but not notarization. The law includes permanent unconsciousness in the definition of terminal condition.

Tennessee: You must sign and date your document. Both witnessing and notarization are required. Witnesses can't be: anyone related to you by blood or marriage, anyone entitled to your property when you die, anyone who might be owed money by your estate, your attending physician or any employee of his/hers, or an operator of a healthcare facility where you receive care or an employee of the facility. The law includes permanent unconsciousness in the definition of terminal condition.

Texas: You must sign and date your document. Witnessing is required, but not notarization. Witnesses can't be: anyone related to you by blood or marriage, anyone entitled to your property when you die, anyone who might be owed money by your estate, your attending physician or any employee of his/hers, or an operator of a healthcare facility where you receive care or an employee of the facility.

Utah: Your document can be signed and dated by someone else for you, at your direction, if you are physically unable to do so. Witnessing is required, but not notarization. Witnesses can't be: anyone who signs and dates your document for you, anyone related to you by blood or marriage, anyone entitled to your property when you die, an operator of a healthcare facility where you receive care or an employee of the facility, or anyone financially responsible for your medical care.

Vermont: You must sign and date your document. Witnessing is required, but not notarization. Witnesses can't be: anyone related to you by blood or marriage, anyone entitled to your property when you die, anyone who might be owed money by your estate, or your attending physician or any employee of his/hers.

Virginia: You must sign and date your document. Witnessing is required, but not notarization. Witnesses can't be anyone related to you by blood or marriage. The law includes permanent unconsciousness in the definition of terminal condition.

Washington: You must sign and date your document. Witnessing is required, but not notarization. Witnesses can't be: anyone related to you by blood or marriage, anyone entitled to your property when you die, anyone who might be owed money by your estate, your attending physician or any employee of his/hers, or an operator of a healthcare facility where you receive care or an employee of the facility. The law includes permanent unconsciousness in the definition of terminal condition.

West Virginia: Your document can be signed and dated by someone else for you, at your direction, if you are physically unable to do so. Both witnessing and notarization are required. Witnesses can't be: anyone who signs and dates your document for you, anyone entitled to your property when you die, your attending physician or any employee of his/hers, or anyone financially responsible for your medical care, or anyone you named as an agent or alternative. The law includes permanent unconsciousness in the definition of terminal condition.

Wisconsin: Your document can be signed and dated by someone else for you, at your direction, if you are physically unable to do so. Witnessing is required, but not notarization. Witnesses can't be: anyone related to you by blood, adoption, or marriage, anyone entitled to your property when you die, anyone who might be owed money by your estate, your attending physician or any employee of his/hers, an operator of a healthcare facility or an employee of the facility even if you do not receive care there, or anyone financially responsible for your medical care. The law includes permanent unconsciousness in the definition of terminal condition.

Wyoming: Your document can be signed and dated by someone else for you, at your direction, if you are physically unable to do so. Witnessing is required, but not notarization. Witnesses can't be: anyone who signs and dates your document for you, anyone entitled to your property when you die, or anyone financially responsible for your medical care.

Sample Durable Power of Attorney

DURABLE POWER OF ATTORNEY

KNOW ALL MEN BY THESE PRESENTS:

That I, (name), of (town), (state), do hereby make, constitute and appoint (name of person), my true and lawful attorney for me and in my name, place and stead to act under the following provisions:

1. General Powers. To exercise or perform any act, power, duty, right or obligation whatsoever that I now have or may hereafter acquire relating to any person, matter, transaction or property, real or personal, tangible or intangible, present, contingent or expectant, now possessed or hereafter acquired by me, including, but without limitation, the specifically enumerated powers granted below. I further grant to my said attorney full power and authority to do everything necessary in exercising any of the powers herein granted as fully as I might or could do if personally present.

2. Powers of Collection, Payment and Enforcement. To demand, sue for, collect, compromise, recover and receive all debts, moneys, property interests, claims and demands whatsoever, now due or that may hereafter be or become due to me, including the right to institute any legal or equitable proceedings therefor; and to execute and deliver on my behalf and in my name, any and all endorsements, elections, releases, receipts, or discharges for the same.

3. Banking Powers. To make, execute, deliver and endorse notes, drafts, checks, certificates of deposit and orders for the payment of money or other property from or to me in order of my name; to make deposits or withdrawals on any accounts in banks or other financial institutions on my behalf.

4. Power to Acquire, Manage, Lease and Sell. To make, execute and deliver deeds, releases, conveyances, leases, subleases, and contracts of every nature in relation to both real and personal property, including stocks, bonds, options, contracts of indemnity and insurance, on such terms and conditions as my attorney shall deem proper; to manage or to become involved in the management of any such property including the operation of any business in which I have a substantial interest, and to carry out any act of management which may be appropriate to such involvement.

5. Powers with Respect to Life Insurance Contracts. To have full authority to deal with any policies of insurance on my life, or policies on the life or lives of others in which I may have any interest, including, but not limited to, the right to make irrevocable assignments thereof, to surrender, borrow against, or convert any such policies and to change the beneficiaries thereof, or to take any other action with respect to such policies as my said attorney shall deem proper.

6. Powers over Safe Deposit Boxes. To have access to all my safe deposit boxes, whether in my name alone or held jointly with others.

7. Powers as to Securities. To purchase, sell, transfer or otherwise deal in any way with all forms of securities; to act as my proxy with power of substitution; to vote all stocks or other securities in my name in relation to any individual or corporate action; to deposit any stocks or other securities in connection with any plans of protective or reorganizational committees; to purchase, accept or exercise rights to subscribe for securities and to sell same; to endorse securities or any agreements relating thereto, on my behalf; to create, utilize, terminate and otherwise deal with accounts (including margin accounts) with securities brokers.

8. Powers as to Rents. To receive and give receipt for all rents and income to which I am or may become entitled, pay therefrom all necessary expenses for the maintenance, upkeep, care, improvement and protection of my property; to pay the net income therefrom from time to time to me or in such manner as I shall direct, or in the absence of such payment to me or such direction, to invest the same in her best judgment.

9. Use of Funds for My Care. In the event of my illness, incapacity or other emergency, to incur, pay and satisfy such expenses and obligations for my comfort, benefit and care, and obligations of a nature customarily incurred by me, as in her judgment she may consider necessary or desirable or consistent with my wishes.

10. Powers as to Taxes. To prepare, execute and file federal or state income, gift, or other tax returns and other real and personal property tax returns or statements and to pay or compromise any or all such taxes or apply for and collect any refunds due; to make any tax elections on my behalf of which I am entitled to make.

11. Power to Create Entities or Forms of Ownership and Related Transfers. To create, amend or terminate one or more trusts, partnerships, corporations, co-tenancies or any other form of ownership for the purpose of dealing with any property or property interest of any nature that I may have or hereafter acquire, under such terms and with such provisions as my attorney deems in the best interests of myself and my family. In this regard, the fact that my said attorney may be a remainderman, partner, shareholder or a beneficiary of any such entity in connection with any such transfer hereunder shall not affect the validity thereof, nor, by itself, constitute a breach of her fiduciary duty hereunder; to transfer any or all property, tangible, intangible or real, in which I may have any interest, into a trust or trusts, whether created by me or by my said attorney on my behalf, and whether or not such trusts were created before or after the execution of this durable power of attorney, or to any other form of entity or ownership, including any form of co-tenancy.

12. Power to Make Gifts. To make outright or in trust gifts of my property to or for the benefit of such persons as, in the opinion of my said attorney, would be the donees I might choose, having in mind the resources, both public and private, available for my care after the making of such gifts, and having in mind the objective of preserving the largest amount of my property for my family as a whole. Notwithstanding the foregoing, any gifts that are made to my attorney hereunder pursuant to the foregoing power, or to my attorney's creditors, my attorney's estate, or the creditor's of my attorney's estate, shall not exceed the greater of $5,000.00 or five percent of all assets subject to this power in a given calendar year, on a non- cumulative basis.

13. Power to Employ Agents. To employ, compensate and discharge such agents as my attorney deems appropriate to carry out any acts authorized or contemplated hereunder.

14. Powers with respect to Retirement Plans. To establish and contribute to any form of so-called retirement plan for my benefit, including but not limited to Individual Retirement Accounts, Keogh plans, and any other form of pension or employee benefit plan; to change beneficiaries of my account in any such plan, designating such beneficiaries as my attorney determines to be consistent with my wishes; to borrow against or withdraw from my plan accounts on such terms as my attorney deems appropriate; to select any form of payment option or to modify options I may have selected; to accept any benefits or lump sum payments on my behalf and to "roll-over" any such benefits on my behalf.

15. Third Party Reliance. Any party dealing with my said attorney hereunder, may rely absolutely on the authority granted herein and need not look to the application of any proceeds nor the authority of my said attorney as to any action taken hereunder. In this regard, no person who may in good faith act in reliance upon the representations of my attorney or the authority granted hereunder shall incur any liability to me or my estate as a result of such act.

16. Guardianship. In the event a petition is filed in any court for the appointment of a guardian or a conservator to care for me or my estate, then I nominate (name of person) as such appointee. In the event she is not able to serve, then I nominate (name of person) in her stead. Nothing in this part shall be construed as a direction that such a petition be filed or such appointment be made, and it is my express wish that such action be taken only when and if absolutely necessary.

17. Successor Attorneys in Fact. In the event that the said (name of person) for any reason ceases or is unable to serve under this power, then I grant the same aforesaid powers in every respect to (name of person). A written statement by the said (name of person) as to the cessation or inability of (name of person) to serve shall be conclusive evidence of such fact, and any third party may rely upon the same in dealing with him under this power.

18. Reliance on Copies of this Power. A photostatic copy of this power, as executed, may be treated as an original power by any third party dealing with my attorney in fact.

19. Disability or Incompetence. This Power of Attorney in the said (name of person), or in the said (name of person) as the case may be, shall not be affected by my subsequent disability or incapacity.

20. Ratification of Attorney's Acts. I hereby ratify and confirm whatever my said attorney shall lawfully do under these presents.

IN WITNESS WHEREOF, I have hereunto set my hand and seal this day of (month) , (year).

___________________________________ _____________________________________________

Witness (Your name)

(YOUR COUNTY), SS.

I hereby certify that on this the day of (month), (year), personally appeared the said (YOUR NAME) and acknowledged the foregoing instrument to be her free act and deed, before me,

____________________________________________

Notary Public

My Commission Expires:

Signature of Attorney in Fact:

____________________________________ ___________________________________________

Sample Proxy

This next section should give you some ideas of things to include when preparing your legal documents. After completing your documents distribute them. Providers cannot honor documents they don't know exist, or haven't seen. Relatives may know a living will has been made but don't know where it is. If you want to change a healthcare planning document after it has been signed, witnessed, and notarized (other than changing the address or telephone number of an agent in a durable power of attorney), making a new document is best.

DURABLE POWER OF ATTORNEY FOR HEALTH CARE

Know All Men by These Presents that I, (name), of (town), (state), do hereby constitute and appoint (proxy's name), my true and lawful attorney-in-fact healthcare agent, effective immediately, with the complete authority to exercise at times when I am unable to make my own health and personal care decisions because of illness or injury, the following powers, authorities, and discretions for me and in my name:

To consent to requesting, withholding, or stopping any health care treatment, service, or diagnostic procedure (even if started at my request or with my consent);

to talk with health care personnel, have complete access to obtain medical records and information, and sign forms necessary to carry out decisions made by my attorney;

to make medical decisions, including the power to engage and discharge physicians and other providers of medical care; and to arrange for my removal from and/or transfer to any hospital, sanitarium, nursing home, or medical treatment facility even if it is against medical advice;

and to do all things necessary to carry out the intent hereof as fully as I might do if I were capable of making my own decisions.

Resignation:

Any attorney of mine serving hereunder may resign at any time by a writing signed by said attorney and attached hereto, written notice of which shall be given to me, any co-attorney serving hereunder, and anyone herein named as successor attorney.

Successor Attorney:

If my attorney herein above named shall for any reason cease to serve as attorney hereunder, I hereby constitute and appoint (alternate's name), as my attorney hereunder to serve in her stead.

Why I am making these legal documents:

If I ever have a life-threatening condition and cannot make my own healthcare decisions, I do not want to be given life-sustaining treatment automatically; I want decisions about use of such treatment to be made by me or my agent, guided by this document.

Durable Power:

I want my physician and my agent to agree about whether I can or cannot make a decision. If they disagree, then my agent may have me examined by another physician, whose decision I want to be determinative. This power of attorney shall not be affected by my disability or incapacity arising after the execution of this instrument. My death shall not revoke or terminate this power of attorney if my attorney, without actual knowledge thereof, acts in good faith hereunder. No person dealing with my attorney hereunder shall be responsible for the application of any money or property paid or transferred to said attorney.

Nomination of Conservator and/or Guardian:

I also hereby nominate the person who at the time may be serving as my attorney hereunder to be the conservator and/or guardian of my estate and/or the guardian of my person if protective proceedings for my estate or person are hereafter commenced.

Instructions Regarding Life-Sustaining Treatment:

I want this to apply if a healthcare agent named in this power of attorney is not available or reachable when a healthcare decision must be made immediately. When the agent is reached, the agent may revoke or consent to treatment already started.

If I am no longer able to make decisions regarding my medical treatment, it is my intention that this Health Care Power of Attorney shall be honored by my family, attorneys, and physicians, and any sanitaria, nursing homes, health care facilities, and temporary or permanent guardians as the final expression of my intent to refuse life-sustaining measures and accept the consequences from such refusal under the circumstances set forth herein.

In making health care decisions for me, my attorney shall be guided, but not limited, by my instructions below entitled "Life-Sustaining Treatment" and by any other subsequent instructions or directions, oral or written, which I may make known to my attorney while I am competent. If my subsequent instructions are different from my instructions below, my attorney shall follow my subsequent instructions if she determines such would be the choice I would want made. If my attorney cannot determine the choice I would want made, then my attorney should make the choice she believes is in my best interest.

My choices concerning life-sustaining treatment:

_____If you become unable to make your own healthcare decisions, and have or get a life-threatening condition, you want no life-sustaining treatment, even if the reason for such treatment might be completely reversible.

OR

____If my quality of life were to become very poor, and were to have or get a life-threatening condition, then I would want to be allowed to die, while receiving only non life-sustaining comfort care. These are the qualities of life considered so poor that I would want to be allowed to die:

1. Unconsciousness (a chronic coma or persistent vegetative state) from which ability to think and communicate probably will not be recovered, or, unconsciousness lasting ___ days, whichever happens first. If I should have an incurable or irreversible condition caused by injury, disease, or illness, which is a persistent vegetative state certified to be such by my attending physician and an American Board of Medicine certified neurologist or neurosurgeon, who have both personally examined me, I direct that the application of life-sustaining measures, including nutrition and hydration, which would serve only to artificially prolong the moment of my death, be withheld or withdrawn, and that I be permitted to die naturally and with dignity. "Persistent vegetative state" shall mean a condition in which I show no evidence of verbal or non-verbal communication demonstrate no purposeful movement or motor ability; am unable to interact purposely with stimulation provided by my environment; am unable to provide for my own basic needs; and demonstrate all of the above for longer than three months.

2. Brain damage that probably is not reversible, and causes apparently complete, or nearly complete, loss of ability to think or communicate, but not loss of consciousness.

3. Total physical dependence on others for care, because of deterioration that probably is not reversible.

4. Pain control that is inadequate, either because pain cannot be eliminated, or because the amount of medicine needed to eliminate pain causes so much sedation that ability to communicate verbally is lost.

5. If I should have an incurable or irreversible condition caused by injury, disease, or illness that my attending physician and a consulting physician, who have both personally examined me, have determined will cause my death within a short period of time, I direct that the application of life-sustaining procedures which would serve only to artificially prolong the process of dying, and are not necessary to my comfort or to alleviate pain, be withheld or withdrawn, and that I be permitted to die naturally and with dignity.

Particular life-sustaining treatments I do not want if any of the above situations apply:

Nutrition, hydration, tube feedings other than ordinary food and water delivered by mouth, if I cannot eat and drink at all, or enough to sustain me.

All cardiopulmonary resuscitation measures, to try to restart my heart and breathing if they stop.

Mechanical ventilation (breathing by machine), if I cannot breathe adequately.

Surgeries that would prolong my life.

Dialysis or filtration, to clean life-threatening substances from my blood if my kidneys fail.

Transfusion of blood or blood products, to replace lost or diseased blood.

Medications, when their purpose is to treat life-threatening conditions rather than control pain (for example, antibiotics, radiation, chemotherapy, insulin).

Anything else that sustains, restores or replaces a vital body function.

I authorize my agent to:

Request, and consent to, medical procedures that are experimental;

consent to an autopsy;

consent to donation of organs or other tissues;

consent to donation of all or part of my body for medical teaching and research;

dispose of my remains as follows:

This Health Care Power of Attorney shall be in effect until it is revoked by me in writing with the same formality with which this Health Care Power of Attorney is executed; provided, however, that if I am physically unable to sign such a revocation document, my oral or other manner of revocation shall have the same effect as if executed as indicated above, upon communication to my attending physician or other health care provider by me or by two witnesses to my revocation.

On behalf of myself, my Executors, Administrators, Heirs, and Assigns, I hereby release and forever discharge any hospital, sanitarium, nursing home, health care facility, and all physicians, attorneys, and guardians who rely on this instrument from any and all claims, actions, and damages for carrying out the instructions herein contained.

IN WITNESS WHEREOF, I, the undersigned Declarant, do hereby declare that I sign and execute this instrument as my Power of Attorney for Health Care, that I sign it willingly in the presence of each of the undersigned witnesses, and that I execute it as my free and voluntary act for the purposes herein expressed this ____day of (month),(year).

_________________________________

(Your name)

We, the undersigned Witnesses, each do hereby declare in the presence of the aforesaid Declarant that neither of us is related to the Declarant by blood, marriage or adoption, neither of us would be entitled to any portion of the Declarant's estate upon her decease, neither of us is legally responsible for the health care costs of the Declarant, and neither of us has a claim against any portion of the estate of the Declarant upon her decease, and we further declare that the Declarant signed and executed this instrument as her Power of Attorney for Health Care in the presence of each of us, that she signed it willingly, and that each of us hereby signs this instrument as witness in the presence of the Declarant, and that to the best of our knowledge the Declarant is eighteen (18) years of age or over, of sound mind, and under no constraint or undue influence.

__________________________ _____________________________________

Witness Address

__________________________ _____________________________________

Witness Address

COMMONWEALTH OF (STATE)

(COUNTY), SS.

Subscribed, sworn to, and acknowledged before me by the said Declarant and Witnesses this day of (MONTH), (YEAR).

________________________________________

Notary Public

My Commission Expires:

Will

A Will is a document that controls the disposition of a person's property at death. Each state has formal requirements for a Will. A Will may be revoked or changed at any time before the death of the maker. To be effective, changes must be made strictly in accordance with legal requirements. A change in a Will is often made by an addition called a "codicil."

Some important considerations in making or reviewing a Will are:

Who should receive your property, and, if children, at what age?

Who should be named as guardians of minor children, and what are their duties?

Should a trust be created for your spouse, children or others?

If a trust is created you must name a competent individual or trust company to manage the trust.

Should charitable gifts be made?

Should life insurance proceeds be payable to a trustee or executor named in your Will or to individuals directly?

Who should be named executor?

Prepare an inventory listing real estate and both tangible and intangible personal property.

If a person dies leaving an estate, a court determines who is to receive the estate, and makes sure that all debts and expenses are paid. This must be done whether or not there is a Will. However, a Will can save expense by eliminating the need for sureties on bonds, expediting the sale of property, avoiding guardianship for minors where not really necessary and otherwise providing the executor of the Will with clear directions on the handling of the estate.

If there is no Will the court appoints an administrator to settle the estate and make distribution as provided by law, after all debts and expenses have been paid. An individual without a Will has no voice in the selection of the administrator. If there is a Will, the executor named by the maker of the Will takes the place of an administrator, and is the one who handles the estate. A person making the Will may name as executor any individual in whom he has confidence provided the execution meets statutory requirements. A bank or trust company also may be named as executor.

Everyone, whether healthy or sick, should have a will. This document will make sure that your wishes are carried out in the event of your death. It is particularly important to have if you have children under the age of eighteen, expensive jewelry or household items, own a home, have money in bank accounts, and have special wishes you want carried out after you are gone.

People who are single (divorced, widowed, or never married) especially should have a will to ensure that their possessions in their estate or children do not become a ward of the state. This means that if you do not plan ahead for the welfare of your children or things, the courts take guardianship until someone asks the court for custody. Often children will go to foster homes until the court decisions are made.

A Will does not have to be drawn up by a lawyer, although it is recommended. Some states have law schools that have a program where you can get free legal advice from students and teachers. You may also get a books that have blank will forms you can fill out on your own and then all you have to do is have it notarized.

Patients' Rights

You have other rights, too. You are entitled to be given complete information about your illness and your prognosis and to withhold that information from others if you wish. You should also be informed about any procedures and treatments that are planned, and how much they will cost.

The American Hospital Association has prepared "A Patient's Bill of Rights." You can get this document from a library, hospital, or directly from the American Hospital Association, 840 North Lakeshore Drive, Chicago, IL 60611, (312) 280-6000.

Informed Consent

When treatment is recommended, most health care facilities require patients to sign a form stating their willingness to continue. This is to certify that the patient knows what procedures will be done and has agreed to have them performed.

Cancer and the Work Place

Sometimes cancer patients find that they are treated differently on the job because of their medical condition. Your employer may be violating laws that protect you from such unfair practices. In addition to federal protection, you may be eligible for protection under state laws. Find out the legal facts on equal opportunity by contacting your local department of employment services. You need to know fully your insurance rights, not only as a cancer patient but also as an employee of your company. Carefully read the health insurance policy provided by your employer. If you have any questions, contact your state insurance commission or department. This agency determines what types of insurance policies must be offered and when rates may be raised.

If you have trouble learning what your rights are, or if you have any questions about employment issues, contact the National Coalition for Cancer Survivorship at (301) 585-2616. They can help you find local agencies that respond to problems cancer survivors face regarding their rights.

The Americans with Disabilities Act (ADA) was passed in 1990 to protect disabled workers from discrimination in job hiring, firing, promotion, and pay. To cover yourself under this act, read the law or contact a lawyer. Basically, you have to have a disability as defined by the act and can perform the duties of your job with or without reasonable accommodation from the employer.

The employer is required to take reasonable actions to accommodate you by restructuring job duties, offering a different position, supplying assistive devices such as special chairs. As of July 1994, all employers with fifteen or more people for more than twenty weeks must comply with the ADA. Some organizations such as the federal government and private membership clubs are exempt. Also, it is illegal for the employer to make you take a medical exam beyond a routine exam required by all new employees before you are considered for employment except drug testing.

Americans With Disabilities Act 1992

The Americans with Disabilities Act of 1992 bans discrimination by both private and public employers against qualified workers who have disabilities or histories of disability. The law protects people with a history of cancer, heart disease, and other illnesses even if the disease is cured, controlled, or in remission. You are covered under the law even if you are not currently limited in your activities. It was amended June 26, 1994 to include employers with 15 or more full or part time employees. Religious organizations and executive agencies of the U.S. government are exempt.

A qualified individual with a disability is defined as "an individual with a disability who meets the skill, experience, education, and other job-related requirements of a position held or desired, and who, with or without reasonable accommodation, can perform the essential functions of a job." This means that the person must meet the prerequisites for the job such as having the proper education, work experience, training, licenses, certifications, or skills. A disability is defined as a physical or mental impairment that substantially limits one or more of his/her major life activities such as walking, hearing, seeing, speaking, learning, etc. Temporary impairments like pregnancy or broken leg are not covered under the law; has a record of such an impairment; or is regarded as having such an impairment. Active illegal drug abusers and homo/bisexuality are not disabilities.

Unless the disability poses a direct threat to the health or safety of employees or it causes undue hardship that causes financial burdens, an employer must make reasonable accommodations for a disabled worker. Any change in the work schedule, environment, or the way things are done is considered reasonable accommodation. Often, employers will provide special equipment or furniture to assist workers in performing their job duties.

When you are applying for a position, an employer may not make medical inquiries or conduct a medical examination until a job offer has been made. Applicants may be asked about their ability to perform job functions, though. The medical examination must be standard for all employees and must be job-related. Drug testing is legal.

Federal Rehabilitation Act 1973

This states that federal employers or companies receiving federal funds cannot discriminate against disabled workers, such as cancer patients, for a physical disability. This includes hiring, promotions, firing, and layoffs. For a list of offices and deadline restrictions, contact the Equal Employment Opportunity Commission. Federally funded employers and federal contractors and subcontractors may also be covered under this act. For complaints and information, write:

Office of Federal Contract

Compliance Programs

U.S. Department of Labor

Washington, D.C. 20210

Office of Civil Rights

U.S. Department of Health and Human Services

Washington, D.C. 20201

Employment Standards Administration

U.S. Department of Labor

Washington, D.D. 20201

Family Medical Leave Act of 1993

Civil Service employees who have been employed for at least three months are entitled to 12 workweeks of unpaid leave during any 12-month period. All employees who have worked for the City for a total of at least 12 months and for at least 1.250 hours during the 12-month period preceding the start of the leave. Exception: FMLA leave for the highest paid 10% of City employees is at the mayor's discretion. For eligible part-time employees and those who work variable hours, the FMLA entitlement is calculated on a pro rata basis.

Leave shall be granted for anyone or more of the following reasons:

1. The birth of a child and to care for that child; Child means a child either under 18 years of age, or 18 years of age or older who is incapable of self-care because of a mental or physical disability. An employee's child is one for whom the employee has actual day-to-day responsibility for care and includes biological, adopted, foster or step-children.

2. The placement of a child with an employee for adoption or foster care.

3. Care for the employee's spouse, child, or parent who has a serious health condition. Parent means the employee's own biological parent or an individual who stands or stood "in loco parentis" to an employee when the employee was a child. This term does not include parents "in law."

4. For a serious health condition that makes the employee unable to perform the employee's job. Serious health conditions resulting in Worker's Compensation coverage are included.

5. The birth and care of a child of the employee.

Employees may take FMLA leave intermittently, arrange to work a reduced work schedule, or take the leave in one continuous period. FMLA leave is in addition to other paid time off available to an employee. An employee may elect to substitute paid leave to their credit, as appropriate, for any unpaid leave under the FMLA. An employee may not substitute other paid time off retroactively. In some circumstances, sick and annual leave may be advanced. The employee must provide notice in writing of his/her intent to take FMLA leave. Notice should be 30 days before leave is to begin or as soon as possible. The 12-month period begins on the date the employee first takes FMLA leave whether it is paid or unpaid and continues for 12 months. Medical certification may be requested to support the need for leave and a specific description of the treatment regimen provided for the employee's serious health condition or for the need for leave to care for an employee's family member with a serious health condition.

Upon return from FMLA leave, an employee must be returned to the same position or to an equivalent position with equivalent benefits, pay, and other terms and conditions of employment. Certain exceptions are outlined in the law including, for example, circumstances in which the job no longer exists. An employee who takes FMLA leave is also entitled to maintain health benefits coverage. Health benefits coverage continues up to 365 days in a nonpay status and the employee pays the employee share of the premiums on a current basis or upon return to work. A serious health condition is a condition which requires inpatient care at a hospital, hospice, or residential medical care facility, or, a condition which requires continuing treatment by a licensed health care provider as more fully defined in the federal regulations. Any applicable health benefits (medical, dental, vision) as well as life and disability insurance provided under policy or labor agreement shall be continued during the 12 weeks period of FMLA leave.

The Patient Self-Determination Act of 1990

This is a federal law which requires health care facilities to determine and make part of a patient's record any health care powers of living will the patient may have made. It also prohibits all facilities that receive Medicare or Medicaid money from discriminating in admission or care because a person does or does not have a healthcare planning document.