MHA 551 Case Study #1
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Southern Illinois University, Carbondale *
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551
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Philosophy
Date
Apr 3, 2024
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Uploaded by ProfIbisPerson982
MHA 551: Healthcare Legal/Ethics
Case Study #1: Legal Documents for Patients
Last Will & Testament
A Last Will & Testament is a legally binding document that states how your assets are distributed after your death. According to Christy Bieber, J.D., You can use a will to create a testamentary trust, appoint a guardian for your children if
you pass away before they reach adulthood, and name the person who will be in charge
of managing your estate when you pass on. (Bieber, 2023)
Having a Last Will & Testament in place helps your assets be distributed quicker, as there is less
for the court to sort through. Without a Last Will & Testament, your assets and belonging would
be distributed according to your state’s intestacy laws. These laws do not take into consideration
any of the decedent’s preferences on asset distribution (Kellman, 2023)
. Living Will/Advanced Directives
A Living Will is different from a Last Will as it does not deal with assets or distribution
of them but rather gives instruction for end-of-life care and medical decisions. Stanford and
Connor (2020) define a Living Will as "a legal document that indicates whether a patient wants
to be placed on life-prolonging machines (also known as life support) should he or she be unable
to communicate personal preferences" (p. 124)
. A Living Will is a type of Advanced Directive. There are also three other types of
Advanced Directives: do not resuscitate (DNR) orders, the Uniform Anatomical Gift Act, also
known as organ donation, and power of attorney (POA) or healthcare proxy designations
(Stanford & Connor, 2020, p. 123)
. A DNR order tells medical professionals that the patient does
not want to be resuscitated in the instance of a cardiac event – they want no life-saving measures
taken. A DNR covers CPR and defibrillation (Stanford & Connor, 2020, p. 124)
. The Uniform
Anatomical Gift Act, usually known as organ donation, allows anyone above the age of 18 to
donate body parts following their death. You can opt-in to be an organ donor while alive, and
your family can give permission for organ donation following your death (Stanford & Connor,
2020, p. 127)
. Power of Attorney/Healthcare Proxy
A Power of Attorney is a legal document that allows someone to make decisions on your
behalf, financial or medical. These do not have to be the same person. The person designated to
make health decisions on your behalf in the instance you are incapacitated and cannot make
decisions for yourself is called a healthcare proxy or medical power of attorney. A financial
power of attorney handles monetary and estate decisions on your behalf (Stanford & Connor, 2020,
p. 126)
. References
Bieber, C. (2023, June 15). Last will and testament: Everything you need to know
. Retrieved from Forbes Advisor: https://www.forbes.com/advisor/legal/estate-law/last-will-and-
testament/
Kellman, J. (2023, April 17). Last will and testament guide for 2023
. Retrieved from National Council on Aging: https://www.ncoa.org/adviser/estate-planning/last-will-and-testament/
Stanford, C. C., & Connor, V. J. (2020). Applied Law and Ethics for Health Professionals.
Burlington: Jones & Bartlett Learning.
Last Will & Testament
I am of sound mind and legal age to make this Last Will. This Last Will will express my wishes without undue influence or duress.
Marital Status
o
List status
Current Children
o
List children
Personal Representative
o
Appointment of primary executor
o
Secondary executor, if the primary is unable
Discretionary Powers of Personal Representative
o
Retain, invest, or reinvest any property as the representative deems advisable.
o
Sell or grant options to purchase any or all of my estate
o
Rent or lease any real estate as the representative deems advisable
o
Pay, compromise, settle, or adjust claims in favor of or against me or my estate
o
Separate into shares in whole or in part and allocate different kinds and amounts of property among the shares
o
Employ legal counsel, investment advisors, brokers, accountants, and agents
o
Take legal action of my will
Expenses & Taxes
Disposition of Property
o
Name beneficiaries and how property should be distributed
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Contesting Beneficiary
o
If any beneficiary under this will contests or attacks this will or any of its provisions, any share or interest in my estate given to that contesting beneficiary under this will is revoked.
Guardian Ad Litem
o
Should the spouse die, and the children are still minors, the appointment of a guardian. Secondary guardian if the primary is unable.
Testamentary Trust
o
Assets are put into trust until minor children reach a specified age
o
Appointment of a trustee to manage the trust
o
Guide for how the trust should be followed
o
How trust termination occurs
Pet Provisions
o
Description of who will be given what pets or what will happen to pets in the event of the owner's death
Witness Signatures
Notary Acknowledgement
Living Will/Advanced Directives
Appointment of Medical Power of Attorney/Healthcare Proxy
o
Alternate agent if the primary is unable
Proxy’s General Powers
Life-Sustaining Measures
o
List what an unacceptable quality of life means to you
o
Describe what you do or do not want to prolong life
o
Decide if you want IV food and water regardless of quality of life
o
Decide if you do or do not want any pain relief
End of Life Wishes
o
Describe what is important as you near your death and give explanations of your care directives.
Witness Signatures
Notary Acknowledgement
Financial Power of Attorney
Designation of Financial Power of Attorney
Effective Date
o
Choose if POA is effective immediately or when it is determined that I am unable to handle my financial affairs properly.
POA Powers
o
Banking: receive, deposit, or withdraw funds to pay for goods, services, and any other personal or business expenses
o
Safe Deposit Box Access
o
Lending or Borrowing: make loans, borrow money, give promissory notes, deposit or mortgage as collateral
o
Government Benefits: apply for and receive any government benefits for which I may be or may become eligible
o
Retirement Plan: contribute to, select payment of, roll-over, or receive benefits of my retirement plan
o
Taxes: complete and sign local, state, and federal tax returns on my behalf
o
Insurance: purchase, pay premiums, and make claims
o
Real Estate: acquire, purchase, exchange, lease, grant options to sell, sell and convey real property
o
Personal Property: acquire, purchase, exchange, lease, grant options to sell, sell and convey personal property
o
Power to Manage Property: maintain, repair, improve, invest, manage, insure, rent, lease, encumber, and deal with any real or personal property
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o
Gifts: make gifts, grants, or other transfers
o
Legal Advice and Proceedings: obtain and pay for legal advice
Special Instructions
Authority of POA
Liability of POA
Reimbursement of POA
Amendment and Revocation
Witness Signatures
Notary Acknowledgement
POA Signature
Notary Acknowledgement
Informal Interviews
1. DS Interview
DS is a fifty-three-year-old female who is married with one minor and two adult children.
When asked if she knew what a Last Will & Testament are, she said yes and described it as a legal document that individuals create prior to their death that instructs their loved ones what to do with their possessions and who is to inherit what, with an executor being appointed to be the person to make sure the contents of the will are carried out. She is aware of a Last Will & Testament as both her parents have passed in the last two years. When asked if she knew what Advanced Directives are, she said yes and described them as documents completed prior to a person's death when a person is still decisional, and it appoints at least one person to carry out wishes for health treatment and end-of-life, or with personal property and finances if and when a person becomes unable to make these decisions for themselves. She mentioned that Advanced Directives could include a living will, DNR, POA for health care and/or finances, as well as a mental health directive. Due to her profession, she is very knowledgeable about these documents.
When asked if she has any of these documents in place for herself, she said she did not have any in place but has definitely thought about doing so. 2. PM Interview
PM is a sixty-one-year-old female who is married and has one adult child. When asked if she knew what a Last Will & Testament are, she said yes and described it as the last wishes and instructions on who should receive property and how much they get, and if there are children, the
will should state who will be the guardian. When asked if she knew what Advanced Directives are, she said yes and stated that it included a Living Will and Health Care POA. I informed her
that Advanced Directives could include a DNR and organ donation as well. She stated that she believed a Power of Attorney was someone who has the power to sign any document on behalf of the actual owner. I explained the many duties a Power of Attorney might possess for medical and financial. When asked if she had any of these documents in place for herself, she said she has a Last Will & Testament in place that starts with her spouse, then her children, and finally, nonprofits. She does not have Advanced Directives or a POA in place currently but has considered doing so. 3. PH Interview
PH is a forty-five-year-old man who is married with one minor child and one adult child. When asked if he knew what a Last Will & Testament are, he said yes and described it as directions in what you want to be done upon your death in terms of final wishes and asset distribution. When asked if he knew what Advanced Directives are, he said yes and described them as healthcare orders based on certain conditions. I explained what Advanced Directives might include, such as a living will, a DNR, a POA, and organ donation. He stated that a POA is a power given to others to make decisions for you. I explained that there are different types of POAs and what the role of each might be. When asked if he had any of these documents in place for himself, he said that he has all three in place. For his Last Will & Testament, he chose to include loved ones whom he supports. For his Advanced Directives, he based them on the most likely scenarios he might encounter with his lifestyle. And for his POA, he included the same people as in his will. 4. SG Interview
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SG is a fifty-five-year-old woman who is married with three adult children. She described
a Last Will & Testament as your wishes for what you want to be done with your personal property upon your death, which can also include your wishes for your last rites. She described Advanced Directives as your wishes for your medical care when you cannot make decisions for yourself, including the appointment of someone to make these decisions for you. She described a
POA as the assignment of a person or persons to act on your behalf to make financial decisions when you are incapacitated and mentioned that there is also a healthcare POA. Because of her profession and the recent loss of her parents, she is very familiar with these terms. When asked if
she had any of these documents in place for herself, she said that she had all three completed. She made her daughter her healthcare and financial POA because she believes that her daughter is the most responsible and level-headed to make those decisions if need be. 5. WS Interview
WS is a twenty-eight-year-old unmarried man with no children and is a retired Marine. He described a Last Will & Testament as arrangements for your possessions after the passing of an individual. He was not sure what Advanced Directives were but thought that they were instructions on a will for after life distribution of assets and possessions. I explained that Advanced Directives were less about assets and possessions and more about medical decisions and could include a living will that gives instruction for end-of-life care and medical decisions, a DNR, a POA, and organ donation. He described a POA as the permission for an individual to be able to make decisions for you if you are not able to. He was familiar with a POA due to being former military. He does not have a Last Will or Advanced Directives but does have a POA in effect from when he was in service and being deployed. He said that he chose the person he trusts the most, his brother, to be his POA.
Final Thoughts
I enjoyed learning about this topic. I was mildly surprised by the answers that I received as many of the people I spoke to worked in healthcare but still did not know all of the details about these documents. However, most participants had a general understanding of a Last Will &
Testament and a Power of Attorney at least. I was able to inform all of the interviewees about the
similarities and differences in these documents if they were unaware of them.