As families gather for Thanksgiving this year, estate planning is likely the last thing on their mind. Thanksgiving is a time to focus on the blessings for which we are most thankful such as our families, friends, and good health.

Talking about death and incapacity is…well, morbid. It would likely be an unwelcome topic of conversation around the dinner table, so don’t mention it there. Enjoy your meal. Be thankful for all your bounty. Laugh and enjoy your company.

But if you’re a part of a family that gathers only infrequently during holidays, find an opportunity during your long weekend together to discuss estate planning matters that you may have been putting off.

For some couples, it may be asking a sibling or cousin if they would be willing to serve as a guardian for your children. I always recommend you do this in person rather than over the phone so you can get a read on the prospective guardian’s willingness to take on this responsibility.

Or perhaps it’s letting your loved ones your healthcare wishes. For example, if you are terminally ill and have no chance of recovery, would you want to be kept alive by artificial means? Tell them your wishes and explain your reasoning. By sharing your feelings about these issues to your loved ones, you can potentially relieve them of a lot of stress they may experience in making these decisions on their own.

And if you haven’t yet legally documented your wishes, resolve to do so right away. Simply sharing your wishes is not legally binding. The only way you can ensure that your unique estate planning goals and objectives will be carried out is to engage in estate planning.

Having these conversations and documenting your wishes may be uncomfortable, but is something that will bring you and your family peace of mind. And that is something to be thankful for.

I wish you and your family a very happy Thanksgiving!

All my best,

Rania

This lovely photo is used courtesy of and copyright Free Range Stock, www.freerangestock.com., and James R. Gray.

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Thanks to Michigan estate planning attorney, Mike Lichterman for sharing this very funny cartoon.

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A living will, or directive to physicians, is a document that allows you to instruct your physicians not to use artificial methods to extend your life in the event you are diagnosed with a terminal or irreversible condition.

Who may execute a directive to physicians?

Any competent adult can execute a written directive in the presence of at least two witnesses. The witnesses need to be competent adults. At least one of the witnesses cannot be a person who:

• has been designated by you to make health care treatment decisions on your behalf
• is related to you by blood or marriage
• is a beneficiary of your estate
• has a claim on your estate
• is your attending physician
• is employed by your attending physician
• is an employee of a health care facility in which you reside, if the employee is involved in providing direct care to you or is an officer, director, partner, or business office employee of the health care facility or of any parent organization of the health care facility.

In lieu of signing in the presence of witnesses, you can sign the directive and have your signature acknowledged before a notary public. But it properly signed in the presence of witnesses, the directive to physicians is effective regardless of whether it has been notarized. No physician, health care professional or health care facility may require that the directive be notarized.

When does a directive to physicians become effective?

A directive to physicians becomes effective when you become a “qualified patient.” A “qualified patient” is a patient with a terminal or irreversible condition that has been diagnosed and certified in writing by the attending physician. If you sign a directive, you should tell your doctor and have the directive made part of your medical records.

Can a minor have a directive to physicans?

If a person under the age of 18  is a “qualified patient”, a directive to physicians can be executed on his or her behalf by a parent, an adult spouse, or a legal guardian. A competent minor can demand life-sustaining treatment regardless of whether a directive exists.

Does my directive have to be in writing?

If you are a competent adult who is a “qualified patient”, you can issue a directive verbally in the presence of your attending physician, and two qualified witnesses. When you do that, the doctor will make record your directive and the names of the witnesses in your medical records.

Can I revoke a directive to physicians?

A directive to physicians can be revoked at any time, even in the final stages of a terminal illness. You can revoke your directive orally or in writing.

If you revoke your directive, you must notify your physician of your decision, which your physician will then note in your medical records. You can demand that life-sustaining treatment regardless of what your directive provides.

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