End-of-life planning helps reduce stress on loved ones during an emotional time of anticipated loss.
It is a fact of life: we cannot escape death.
Whether through illness, injury, or simple aging, all people will die.
Because of this reality, end-of-life planning is essential.
Taking steps to ensure your wishes are honored and your financial matters and medical treatments are communicated to your loved ones can prevent your loved ones from having to make difficult decisions with no direction.
By making plans, you can have greater peace of mind knowing you will retain some control over your medical care and property if you can no longer make decisions or communicate them to others when you are near death.
Medical treatment decisions are a key component of end-of-life planning.
What is covered in end-of-life planning?
The primary focus of end-of-life planning is end-of-life care.
This encompasses medical treatments, life-prolonging interventions, and quality of life.
Another focus is palliative care.
This involves comfort and symptom management.
Although hospice is one type of palliative care, it focuses on those who have a prognosis of six months or less.
Within palliative care, there is little to no aggressive medical intervention.
Instead, the emphasis is on relieving pain.
Those who are focused on end-of-life planning must consider whether they would like to sign Do Not Resuscitate (DNR) orders or Physician Orders for Life-Sustaining Treatment (POLST).
What is the purpose of these orders?
Do Not Resuscitate (DNR).
A DNR informs healthcare providers not to administer CPR if the heart stops.
Physician Orders for Life-Sustaining Treatment (POLST).
A POLST details instructions on treatments you would like to receive and those you would not.
End-of-life planning also involves estate planning documents like advance directives.
What are advance directives?
These legal documents are used to record your healthcare preferences.
If you become incapacitated, your wishes for care can be known and honored.
A health care treatment directive outlines those medical treatments you may wish to receive or forgo should you become permanently unconscious or suffering from a terminal illness.
A durable power of attorney for health care decisions is used to designate a trusted person to make healthcare decisions on your behalf.
In the absence of these estate planning documents, physicians may be required to provide specific treatments even if you would not have wanted them.
In addition to healthcare, end-of-life planning should address legal and financial issues.
You should prioritize creating a last will and testament or trust to designate beneficiaries for your assets.
A general durable power of attorney functions similarly to a durable power of attorney for health care decisions, except your designated agent can oversee financial and legal matters if you are incapacitated.
Without these estate planning documents, your loved ones may struggle as they seek to support you.
Yikes!
Although making preparations for end-of-life care can be uncomfortable, communicating wishes can be equally challenging.
Talking about your death can be emotional for you and your loved ones.
Even so, it is essential to initiate these conversations prior to your incapacity or death so you can minimize confusion and increase the likelihood of your wishes being honored.
Talking with your designated healthcare agent about pain management options and preferred medical treatments can help your agent act more confidently on your behalf.
Because your loved ones will need to access your estate planning documents, you should share the location of these documents with those designated to make decisions.
You should start now if you have not begun outlining and sharing your wishes for medical preferences, asset distribution, funeral arrangements, memorial services, or cremation or burial preferences.
An experienced estate planning attorney can help you create a comprehensive and legally valid estate plan to address your end-of-life planning.
If you are located in Kansas or Missouri, you can request a consultation with our Overland Park estate planning law firm.
End-of-life planning is essential to ensuring your wishes regarding your healthcare and finances are honored prior to and after death.
Depending on your circumstances, you may require palliative care or hospice services as you near death.
Advance directives, which consist of a health care treatment directive and a durable power of attorney for health care decisions, allow you to specify what treatments you prefer (or do not prefer) and who you would like to make medical decisions on your behalf.
End-of-life planning should include estate planning for financial and legal matters.
Updated last will, trust, and durable power of attorney documents are also essential.
Although you may want to avoid talking about your death and end-of-life wishes, the conversation is necessary for providing clarity to your loved ones.
Taking action now can help you care for your loved ones and yourself later.
This post is for informational purposes only and does not provide legal advice. You should contact an attorney for advice concerning any particular issue or problem. Nothing herein creates an attorney-client relationship between Harvest Law KC and the reader.
References: National Institute on Aging (Nov. 17, 2022) “Making Decisions for Someone at the End of Life” and MedlinePlus Magazine (Nov. 01, 2024) “End-of-Life Care: What to Expect and How to Plan”
REMEMBER: “The choice of a lawyer is an important decision and should not be based solely upon advertisements.”
This statement is required by rule of the Supreme Court of Missouri.
