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Do you have questions about Living Wills or Advance Directives? Ask our Expert.

AARP Expert: Caregivers Series:  Week 2:  Living Wills/Advance Directives, March 11-17

 

Welcome to week two of our four week Caregiving Expert Series here in the AARP Online Community, Caregiving Forum.  Our AARP Expert, Amanda Singleton , is here to help with Legal and Financial questions you have as a Caregiver.

 

This week’s topic is Living Wills and Advance Directives

living will goes into effect when you are no longer able to make your own decisions. A medical power of attorney is the advance directive that allows you to select a person you trust to make decisions about your medical care if you are temporarily or permanently unable to communicate and make decisions for yourself

 

Do you have questions about living wills and advance directives?  Let us help you find answers.

AARPTeri
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I have a POLST from California and recently moved to Texas. Do I need to make changes or update it because of the move? Thanks

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What is the difference between a living will and a POLST? I live in Nevada and have seen both forms.

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Is it possible to get a will form for Oregon from AARP that we can just fill out and have notarized?

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I have an advanced directive and it is great. Oregon does have forms for those that cover all those scenarious and really make you think about what you really want if you are incapacitated. That form was easy to get. So yes I am looking for a similar form for my "will". I do have property and some assests and want to delegate who gets what. I am single with one grown son, but I have other people and a couple of charities I would like to leave something of what I have left when I die. Is this possible to do without a lawyer?

 

Is this possible to do with an AARP expert? I know in Oregon you can hand write a will and have it notarized to be legal but I am not trusting that I will cover all the bases correctly. I have been to a lawyer once for estate planning. Payed $150 just for an inital consult and found it was going to be hundreds more per hour to actually end up with a will.  

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Hello @ct8926 and thank you for reaching out.  First, please accept my condolences on your husband's passing.  I am so sorry for your loss.    

 

This week's series is focused on the topic of advance directives, but we will be discussing all kinds of legal documents in week 4.  Would you be so kind as to reach out again on the week of March 25-29 and we can discuss your question?  

 

Thank you, and take care.

Amanda Singleton
All posts are intended to convey general information only and not to provide legal advice or opinions. The posting and viewing of the information in this community should not be construed as, and should not be relied upon for, legal or tax advice in any particular circumstance or fact situation. The information presented may not reflect the most current legal developments. An attorney should be contacted for advice on specific legal issues. Nothing written in this community is intended to create an attorney‑client relationship. An attorney-client relationship may only be established through direct attorney‑to‑client communication that is confirmed by the execution of an engagement agreement.
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MY 1st QUESTION:

 

Health Care Directives, at least in my state, I assume so in others as well, also gives you the option of having or not certain types of life-sustaining treatments.  Tube feeding is one of these options.

 

If I specify in my Health Care Directive that I DO NOT want a tube feeding to keep me alive and my appointed Health Care Directive Representative also knows of my wishes - Can a  health care provider or a state force it upon me because of "humanitarian" gestures of not wanting me to starve to death?

 

An example of this might be in the late stages of Alzheimer disease but there are others as well.

Who has the final say in carrying out your wishes at times like these?  The state or the individual?

 

AARP Expert

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Good morning @GailL1  and thank you for your post.  My condolences on your husband and mother's passings.  It sounds like your husband was wonderful and I am so glad he made it through your daughter's wedding.  People seem to hang in there when there's a big event.  Not always, but it happens frequently.   

 

I see the links in your post and will read them over relative to your original question and your follow-up post.  Perhaps we can open up this conversation in the general caregiving forums as we'll be moving into other topics next week.  I'd be interested to hear other's experiences and input on the topic as well.

Amanda Singleton
All posts are intended to convey general information only and not to provide legal advice or opinions. The posting and viewing of the information in this community should not be construed as, and should not be relied upon for, legal or tax advice in any particular circumstance or fact situation. The information presented may not reflect the most current legal developments. An attorney should be contacted for advice on specific legal issues. Nothing written in this community is intended to create an attorney‑client relationship. An attorney-client relationship may only be established through direct attorney‑to‑client communication that is confirmed by the execution of an engagement agreement.
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@GailL1   Thank you for your question.  Amanda will be answering these questions next week - March 11-18th.  

AARPTeri
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