Who Will Decide for You, If You Cannot Decide for Yourself?

Image Credit: Dan4th Nicholas (Flickr Creative Commons License)

[ABSTRACT]

In a perfect world, everyone would plan ahead and sign documents delegating decision-making authority in the event they become unable to make their own decisions. Generally speaking, these arrangements require execution of (1) a health care proxy so that someone can make the health care decisions for you, and (2) powers of attorney so that someone can make investment decisions, pay bills, and sign contracts and other legal documents if you are unable to do so.

But we don’t live in a perfect world. Families frequently discover that a loved one has not made any arrangements for delegated decision-making only after the person has developed cognitive impairment. For these families, they may be facing the more arduous task of asking a court to appoint a guardian.

IT MAY NOT BE TOO LATE TO DELEGATE

But wait! In many states now, the accepted view is that people do not lose all decision-making capacity just because they are cognitively impaired; while people may lose their executive functioning, they still have the ability to chose who they want to make decisions for them. Families must check with a local attorney to confirm the standards in their state, and what documentation they might need.

If your loved one still meets your state’s criteria for executing health care proxies and powers of attorney, you should attend to them at once. Since most dementing illnesses are progressive and irreversible, there will come a time when your family member will not be able to make decisions and no one will be designated to speak in their stead. When this happens, hospitals, nursing homes and other institutions are likely to require guardianship proceedings.

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