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Senior Advocate: Proper documents make healthcare wishes clear


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Q: What is the difference between a durable power of attorney for healthcare and an advance directive for healthcare, and are these documents different than a living will? Also, do you need an attorney to complete such a form?

A: A durable power of attorney for healthcare and an advance directive for healthcare are one and the same, and yes, they are completely different from a living will.

An advance directive for healthcare is a legal document that allows you to appoint an agent to speak for you when you are incapacitated and cannot speak for yourself. Your appointed agent will have the authority to carry out your wishes about accepting or refusing treatment, accessing your medical records, organ donations and autopsy.

Your wishes concerning these issues must be stated in the advance directive in which you appoint your agent. You can, however, limit your agent's powers by stipulating which powers he or she may or may not have.

It is important to remember that your agent has no authority to act on your behalf until such time that you are incapacitated and cannot speak for yourself. Then your agent's decision must be consistent with your wishes.

An important purpose of the advance directive for healthcare is to clearly identify who has authority to speak for you. A properly executed advance directive provides for your wishes to be carried out when you cannot do it for yourself.

A "living will," however, only permits you to state your desire not to receive life-sustaining treatment when terminally ill or in an irreversible coma. It cannot be used to handle any other healthcare decisions nor does it allow for an appointment of an agent to speak for you.

You do not need an attorney to complete an advance directive. However, if there is anything in the document you don't understand, it would be advisable to consult with an attorney to ensure that what you are doing will fulfill your wishes.

My personal feeling is that completion of an advance directive for healthcare is as important as having a will and/or trust, and every adult over the age of 18 should consider completing such a document.

Q: In the past, I enjoyed attending the health fairs that were offered by various organizations. You could obtain a lot of good information and take advantage of free health screenings. I'm not aware of any current offerings. Do you know if there is something in the pipeline?

A: I agree these health fairs did provide a lot of good information. I am glad to be able to tell you that there is one scheduled for this month.

The Wellness and Information Expo is scheduled for Sept. 10 at the Simi Valley Senior Center, 3900 Avenida Simi, Simi Valley, from 9 a.m. to 2 p.m.

The City of Simi Valley Council on Aging is bringing together more than 60 agencies that provide resources for seniors. There will also be free health screenings available.

This is a perfect opportunity to find out what is available to help you age actively as well as gracefully.

For more information, call 583-6041.

Q: I have attended some of the Senior Issues Seminars that were given on Wednesday afternoon at the Westlake Village Civic Center and am wondering if this educational resource is still being offered?

A: I am so glad that you found these seminars of interest. The city of Westlake Village and Senior Concerns are working in concert to bring issues of senior interest to the residents of Westlake Village and surrounding areas.

Presentations are scheduled for the second Wednesday of the month from 1:30 to 3 p.m. at the Civic Center, 31200 E. Oak Crest Drive, Westlake Village. Coming subjects are "Can You Pass the Street Smarts IQ Test?" on Sept. 10; "The Environment and You — How Can You Help?" on Oct. 8; and "Understanding Medicare Coverage and Changes for 2009" on Nov. 12.

These seminars are facilitated by the Senior Concerns advocate. Hope to see you there.

— Betty Berry is a senior advocate for Senior Concerns. The advocates are at the Goebel Senior Adult Center, 1385 E. Janss Road, Thousand Oaks, CA 91362; or call 495-6250. You are invited to submit questions on senior issues.

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