3 Reasons You Need a Healthcare Directive: True Stories from an Estate Attorney

Episode 25 October 25, 2024 00:42:12
3 Reasons You Need a Healthcare Directive: True Stories from an Estate Attorney
ThirtyFiveSixtyFour
3 Reasons You Need a Healthcare Directive: True Stories from an Estate Attorney

Oct 25 2024 | 00:42:12

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Show Notes

Are you prepared to make critical healthcare decisions for yourself or your loved ones when the time comes? 
 
Join me as I welcome back my friend and attorney Andie Patton to discuss the vital topic of healthcare directives. We explore the importance of appointing a trusted agent to make medical decisions in cases of incapacity, navigating family dynamics, and planning ahead to ensure your wishes are respected. The conversation covers end-of-life decision-making, including the nuances of healthcare directives, organ donation, and documenting preferences like cremation. We also address the emotional aspects of preparing for these scenarios and the role of attorneys versus DIY approaches. Tune in for insights on ensuring your healthcare decisions align with your values. 
 
Andrea, “Andie” Patton is a seasoned trust and estate attorney with over 20 years of experience in drafting family trusts, wills, and powers of attorney. Passionate about guiding clients through the complexities of estate planning, she ensures their families are well cared for and their wishes honored. Andie holds a Bachelor’s degree in English from UC Irvine and earned her law degree from Loyola Law School in 1999. Licensed by the California State Bar, she is an active member of the Orange County Bar Association. Outside of work, Andie enjoys reading, spending time with her son and partner Matt, and exploring the outdoors with her chihuahua, Theo.  

In this episode: 

ThirtyFiveSixtyFour is a podcast for listeners between the ages of 35 and 64. Available on all major podcast platforms, the show offers an engaging journey through the various challenges and experiences of midlife. ThirtyFiveSixtyFour presents a distinct departure from the traditional midlife crisis storyline. Instead, it champions the perspective that midlife should be viewed as a period marked by play, discovery, transformation and possibility. With new episodes released weekly, ThirtyFiveSixtyFour is positioned to become one of the fastest-growing podcasts of the year, providing both valuable insights and entertainment for those in the middle. 
 
So, subscribe and get ready to join show host Karen and the ThirtyFiveSixtyFour regulars for both serious and fun conversations around living middle age to the fullest. After all, it’s not too late. You’re not too old. And you’re definitely NOT dead. 

Resources: 

The Patton Law Firm 
Human Composting 
The Descendants | George Clooney Movie 
Between Life & Death: Terri Schivo’s Story | Documentary 
NFL player Konrad Reuland died at 29. But his heart saved baseball legend Rod Carew 
Konrad A. Reuland Foundation 
The Story of Konrad Reuland, A Tale of Tragedy and Triumph 
Organ and Tissue Donation Non-Profit: OneLegacy
Email Andie for a consult 
thirtyfivesixtyfour.com 

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Episode Transcript

[00:00:00] Speaker A: Everybody needs a health care directive, in my opinion. Everybody. You need to have somebody legally able to make your medical decisions if something has happened and you can't. [00:00:16] Speaker B: Welcome to the show, Andy. It is so good to have you. [00:00:21] Speaker A: Thanks for having me. [00:00:24] Speaker B: What is a healthcare directive? [00:00:27] Speaker A: Well, it's a way for you to, while you have capacity, legally appoint someone to make medical decisions for you in the event that you can't. So it could be that you're in a coma, it could be that you've lost capacity, not understanding what's going on and able to direct your medical needs. The doctor will determine that. That's part of it is determining that you lack the capacity to make that. So it's important. That's probably the most important part of the document is that you name your agent in the event that you can't make those medical decisions. There's other parts to the advanced healthcare directive which we can talk about in more detail, but the biggest thing is that you're naming who your agent is in the event that you can't direct your medical care. [00:01:18] Speaker B: Okay, so an agent is someone who's speaking on my behalf. [00:01:22] Speaker A: Yeah, stepping into your shoes and making your medical decisions for you. [00:01:27] Speaker B: Okay, so what are some of the most common scenarios you might see someone enacting this document? Is that what you would call it? And speaking on behalf of somebody. [00:01:40] Speaker A: Well, the, the medical team is going to determine that you're not able to hear what they're telling you and discern what's going on and then direct your medical care. Right. So it could be a super temporary issue. It could be a long lasting issue. It could be, I don't know, you're in a car accident and you're in a coma and you're unable to direct whether or not your leg should be chopped off. I can't think of something specifically. Luckily, I don't necessarily see it all on that back end. Yeah, I don't get to hear all that. But I can tell you that, you know, you've got, I hate to put an age on it, so I'm not even going to do that. Some people I've talked to, some, either legal professionals or medical professionals, have said at some certain point, some magic number which I've seen hundred year old clients and they're in better physical health than I am. So I'm not ever going to say at 90 you should have this document or that document because it could be an adult child with special needs that declines to a point where they need somebody to make those medical decisions. For them, right. It could be my 95 year old grandma who is, you know, possibly lucid for part of it, but maybe not remembering everything that's going on as the doctor's talking. And I can tell you with my recent medical issues that while I have capacity, sometimes it's just super overwhelming to have all this information coming at you and you're taking notes hopefully or you know, trusting your doctors, whatever's going on. But having a second ear on this might be a good thing. Obviously some things are very private and you don't want somebody else involved or maybe that, you know, maybe your mother isn't the best choice if you guys don't have that type of relationship where you want her involved in your medical decisions. Maybe you do. I don't know. Everybody's different on who they. I don't even want to say trust who. Well, it is trust, right? It's trusting someone to come into that world with you, number one. One, to be privy to the information that is coming at you and number two, to make the decisions that you would want made. Right. So my grandmother was suffering a different kind of blood cancer and some other things going on and declining incapacity with dementia and things like that. So it was important to kind of coordinate all these things, right? That was a lot for her to handle. So making her agent immediate number one, instead of spring, you know, some days were good days, other days maybe not so great. So it was important to while she could make some decisions, put this down in this legal document, allow my aunt, who was her primary caregiver to have access to talk to all the doctors, talk, you know, make the appointments, direct the care and coordinate the care and coordinate the medicines and coordinate surgeries, coordinate this, coordinate that. So that was really important for her that that happened. It also, this document also allows so she got to name and you know, a lot of people. It's hard to pick between your family members, right? So you've got the oldest child who may live in Kansas. You've got the second, let's say daughter who's, you know, I think we talked about this last time. There's the family dynamics on everything. So you know, do you have the daughter that wants to control everything? Do you have the narrative do well child that you know, comes around every once in a while with money? Do you have the bleeding heart that maybe is going to push for all of this stuff that isn't something you want or are you going to have the one that may be cold hearted and will pull the plug right? Away, I mean, you know, so you need to most importantly dig down deep and decide what kind of care you do want, what you see your life being. I can really only speak for myself and then I have the experience of what I've heard from other people and then kind of what I've lived with some people that were close to me and having to make some of these types of decisions. It's important to, you know, have somebody that when the doctor says who do we ask? Who do we talk to? Who do we bring into this conversation? That you have a document. So it's one thing when, let's just say my 95 year old grandmother could say, go ahead, talk to Carolyn, you know, she's here. I want, I'm giving my permission now. But what happens when it's that non lucid moment or that total utter confusion that sometimes happens with Alzheimer's or dementia or even worse, you're in a coma and you can't direct the medical care. So that's your agent, you're naming your agent in this document. [00:06:58] Speaker B: So before you move forward, power of attorney isn't the same as being an agent. [00:07:04] Speaker A: Okay, well it's interesting that you bring this up because when I first started 25 plus years ago, the Advanced Healthcare directive was called durable power of attorney for healthcare. [00:07:18] Speaker B: Okay, okay. [00:07:19] Speaker A: So it was called that. And in a financial or durable power of attorney for financial, you know, which is just the power of attorney, you name an agent. So you're naming somebody to step in your shoes for you personally find for financial, for healthcare. It's the same thing. They've just changed the name and called it Advanced Healthcare Directive. It's in the probate code that way. I personally use the California Medical Association's form. I have found myself and I have talked to other professionals that have felt the same way and I have talked to professionals who don't feel the same way. But I have come to an in my mind that great minds can sometimes differ on how this looks. What I have found with my document, keeping it simple, using the medical form that the doctors put together for this exact purpose. It is very simple. But the doctors just need to know who's making these decisions, who has the legal right to do that. So that's, that's what we've just been talking about. Number two, is that power that you've just now given those named agents. And usually in a pecking order, is it immediate or is it springing? If you make it immediate, you sign. If you don't sign, then it springs into effect when you're incapacitated. So that's the difference. So you have your agents, authorities, and then do you want to make it immediate or not? So that's two, that's part two. Part three is the living will side of this. So that's a very specific. And this is optional, you don't have to sign this. I've had a few people over the years just be like, I can't deal with that right now. That tends to be the younger people, the 20 year olds or whatever, just sort of thinking, you know, I don't want to deal with this right now. Just have my mom make the decisions. People that have lived their life, my 95 year old grandma doesn't want to be living on a ventilator. She doesn't want to be incapacitated where you know, she doesn't recognize anybody and can't speak, can't anything. But having her life prolonged, that's the key, right, Is the prolonging this. So you know to. That's. So what you're saying in the living will section is in the event that I'm incapacitated, so now you're basically in a coma. I'm incapacitated, I can't make medical decisions for myself and my life is going to end. Okay? So death is imminent, okay. And I'm not coming out of this the same. So to me that's brain dead, right? So I'm not going to come out and wake up and go hello, you know, what's everybody doing? What's the worry, what's the tears? It's really that you are gone and the only thing keeping you alive is, you know, the intubation that's keeping your, your lungs going, circulating, all of that and your heart pumping. Right? So that's the artificial means keeping you alive. So that's different for my 95 year old grandma than it is for the 18 year old that unexpectedly had, you know, whatever happened, just happened quickly. And now they're in a coma because the brain shut down to take care of all the organs or the doctor has induced coma. Okay? So in the event that the doctor's coming to the family and saying and to the agent, usually they'll come speak to the family but then they're looking to the one person that can make that decision. Do we withhold artificial means keeping them alive, right. Then there's also, well, the agent then makes decisions. So I keep to keep bringing up my grandma, but it was something I was very close to personally, so. And I don't always see these act out on the back end after I've done the documents, given them to people, Usually I find out someone's passed away, and then I like to ask, did you have any problems with the healthcare directive and directing, you know, directing their medical care with the documents I gave you? So I'm trying to constantly find out, is there something more I could have put in this? Is there a different way we could have done that? You know, sometimes they'll tell me that they named Sun 1, Son 2, and then Son 3, and Son 3 had to step in because 1 and 2 weren't there. So I'll find out kind of how all this worked. So we have the living will side of this, too. So you name the agents, you decide whether the authority for those agents is springing or immediate. Very rare that it's immediate. And the people I've dealt with over the years, my young adults, typically with their mom standing over them, will make that immediate. And my very elderly clients that just feel that they want that second ear and eye on things, will make it immediate as well. But if you don't make it immediate, your agent, if you still have capacity, the doctor's going to ask you what you want. They're not going to say, oh, Mr. So and so, your wife's not feeling well today. What should we do for her? You know, if she has capacity and she's making her medical decisions? Just because he's named as an agent doesn't mean that he gets to do anything or have access to anything. It's. There's still HIPAA privacy rights for all of us. And you have a right to revoke the healthcare directive at any time if you have an agent you don't trust any longer. Happens all the time. Yeah. [00:13:25] Speaker B: Or your. [00:13:26] Speaker A: Or your ideas about what kind of care you want. Okay. [00:13:30] Speaker B: Yeah. So tell me, Andy, is this the pull the plug person? Yes. [00:13:38] Speaker A: Yes, that's exactly what that is. Typically, it's withholding the plug ever being plugged in. Right. So pulling the plug is kind of a different thing, but, yes, this is the person. It's as if you're making your own medical decisions. I don't want to live like this. Okay, so that's the living. Well, the next section of this is the organ and tissue donation, which is a whole thing in and of itself. I find the very first thing that my assistant does when we sit down and we have driver's licenses, because everything's notarized, they're looking at it. The first thing I do when I Get to that page of the healthcare director was look at my assistant and he goes, pink dots. So pink dots on the licenses means that somebody at least at one point was willing to be an organ and tissue donor. So we'll kind of explore that with them and check some boxes and decide how to fill out that page of the healthcare directive. A lot of times if there's no pink dot, someone will say, I do not wish to be an organ and tissue donor for whatever reason. Okay, if that's the case, we don't just leave this page blank. If they feel strongly that they don't want to be an organ and tissue donor, we have to write that on there and have them sign that page. Because if you don't sign anything, you leave it up to your agent to make that decision for you. This way, you either say, yes, I'm an organ and tissue and then you can limit it to therapy and transplant or education, research. There's things you can do there we can also list. If I've had a few in 25 years, I've had a few people bring me their little card that says that they've donated their body to, let's say UCI medical on their death. But you have to have a pre, you know, a pre contract for that. They'll give you the information and then typically what happens is they'll take your body. Once they've learned you died, they'll take your body, do what they're contracted to do, and then they'll either bury you, cremate you, whatever it is you want to do. So usually that's kind of the case. We have so kind of jumping to the last page of the healthcare directive, there's blank pages. That's where I put. Do you have a preference for cremation versus burial? We talked about, we talked earlier today about if somebody has a real desire or a religious reason that they need to be buried or want to be buried, I think we should put that on there. I think that absent any instruction, cremation is probably going to be the option if you have, you know, a lot of my 18, 19, 20 year olds just look at me and they're like, we haven't even thought of this. And I don't blame them. I don't blame them for not thinking about it. So if we don't put anything there, it's going to be up to whoever they've named as their agent, because your agent, while they're making medical decisions for you, also are in charge of your remains. And what happens with that. So that's who the funeral home is going to be looking to sign the contract, basically. Right. So if this person that you've named as agent in your healthcare, if that person is different than the financial person that you've named, they're probably going to need to work together because I'm pretty sure your agent doesn't want to pay the $20,000 that I've seen funerals, and that's a pretty simple funeral, how much that's going to be. So you need the trustee to be involved as well. If there is a trustee or somebody that's going to take charge of the financial. Maybe it's the same person, maybe it isn't, but the person that directs what happens to your remains, very cremated. I posted on Facebook today, it was an interesting picture and I don't know why I got targeted for this, but it had a tree and then it had like a pod under the tree and then it had a body in the pod. And so what it is is that your body composts to grow this tree. So I think I had somebody make a comment. Somebody from high school made a comment. First of all, that. That was weird. I don't think that that's that weird. Okay. I think that using your body. I personally don't want to be in a cemetery. I saw Poltergeist when I was a child, too young to be seeing poltergeist, but with those bodies coming out in the pool. Yeah, I just thought, you know what? I don't really want that to ever even be a possibility that my body is, you know, that people are building a house on top of my body, you know, So I like the idea of cremation to a certain degree, but I also like the idea of. [00:18:23] Speaker B: Yeah, I have, just out of sheer curiosity for you, what percentage of people are donating versus not in your general experience, donating organs? [00:18:36] Speaker A: This has been an interesting flux. So we were talking before about the same thing with the living will. So you choose A, if you want to be kept comfortable, meaning don't withhold drugs, keep me comfortable. I don't want to be in pain, but I also don't want my life prolonged. If that's. If it's my time, it's my time. Right. So I don't want artificial means. So that's A, you're going to sign there. If you want your life prolonged, you're going to sign B, that has become kind of a change. So earlier, when I first started as an attorney and, well, I was a paralegal, Before. So I was hearing people's stories before. Terri Schiavo does that. You're probably too young for Terri Schiavo. That was a case in. [00:19:23] Speaker B: I do remember her. Yes, I do remember that. [00:19:25] Speaker A: Florida. And this is so long ago, and this is 25 years ago now. There was a disagreement. So she was married at the time. She had this. Oh, and there was also a movie, a Clooney movie. George Clooney's wife was in a. In a boating accident, in a jet ski accident in Hawaii. And it's called the Descendants. And so these two stories are similar in that the wives have become. One's a true story too, by the way. The other one's a movie, but they became incapacitated. They were in a coma, so their life was being prolonged. Okay. And then they're married. So if you don't have a healthcare directive and you're married, your spouse has the right to make your medical decisions for you. Right. So that's how it would step in. She was. I don't know if she was estranged, going through a divorce, whatever it was, the parents stepped in and they. He wanted to pull the plug. Shiva. He wanted to let her die with dignity and just go. Mom and dad thought they saw her eyes fluttering and that she was being responsive. They did not want her to die. So this was a battle in the courts between the spouse, who they're claiming is estranged, and the mom and dad, who he's claiming are emotionally keeping her alive. That that's not what she would have wanted. It went on for years. And I'm way oversimplifying this, but that should scare a lot of us. And then the movie, the Descendants, he ended up pulling the plug, but while she was. I don't want to give it all away. It's a great movie. George Clooney is fantastic in it. But while she's in this coma, he finds out she was having this, like, second life. She had an affair. She was, you know, for a long time affair. Was this with a neighbor, I think, or a friend or something. [00:21:16] Speaker B: Oh, my gosh. [00:21:17] Speaker A: So these are all things. So he was having to make some decisions. Had she had an advanced healthcare directive and said, this is what I want, it would have made things a little easier. I do think, too, as a single parent of a young adult, naming him as my agent isn't going to work for me either. And kind of knowing my role in my family, we talk about family dynamics. I'm happy for my parents to take care of and my brothers. Let's Say, okay. So in this family dynamic, I have no problem doing the legal, no problem doing the financial, no problem selling a house, no problem doing all that. What I don't want to do is decide whether or not my mom gets pulled. It's just not something that is in my nature to want to do. I'm not going to do that. So in that part of my family. So we've got my son. I don't want him making my medical decisions. I do. I trust my partner. I just recently changed it. We've been dating for, what, two and a half years now and had the discussion. I know he would do what I want. And then it's, you know, maybe it's not my mom making that decision. Right. And having to pull the plug or whatever. So it is important who we pick. And the swing here has been whether or not you want your life prolonged with artificial means. And it used to be with Terri Schiavo. People are like, I don't want to live like that. Yeah, okay. But now it's kind of swinging towards people thinking it through a little bit more. I've had people come in and tell me stories. Like, I know what they do with cadaver. Well, that's on the back end. But I don't want them keeping me alive to harvest my organs. So I don't know what articles they've been reading that they've come to that conclusion, but people have had those types of stories and kind of. I don't know if it's a misconception. I don't know if it's true, but I will say that it's been verbalized a little bit more lately. And I don't, you know, I don't know if it's Internet or what. So as far as the organ and tissue donations. Yeah, again, the swing has. But it kind of just depends on what articles they're reading and what their experience has been. I kind of tear up when I think about this one. My son went to St. John's here in RSM, the school there was a. I should have looked up the name. We can fill it in later. [00:23:49] Speaker B: Yeah. [00:23:50] Speaker A: Because now I'm being put on the spot and it's just coming to me. It's a wonderful story about organ and tissue donation. Well, it's a sad, sad story for the family. And I can't think of the name off the top of my head. And I feel really bad. I would have probably, if you asked me yesterday. This is my senior moment. But it. So it hit home because. And the Name of the football field or this, the field that's in the back is named after this kid. So he was in his mid-20s playing professional football. [00:24:21] Speaker B: Okay. [00:24:22] Speaker A: And off for the season or in between, whatever. And was here at home working out and collapsed. Okay. His dad's a doctor too. I remember that fact. But they were real big in the area. Probably went to sm. Okay. I'm not sure because Jared did not go to sm. He went to J. Sarah, so I'm not sure. Professional football player keels over and tells his dad something is wrong. Dad says, get to the er. He keels over. So to donate organs, you can't die right away. Okay. So it's kind of this perfect storm has to happen for you to be an organ and tissue donor anyway. Okay. Doesn't mean there isn't parts of you that won't help somebody if you did just keel over and die. I mean, they can, you know, do research on whatever happened to you. And that. That brings a lot of value too. But he. His parents made the decision to be organ and tissue donor. And his. I gotta back this up a little bit because at the same time he went to school, Rod Crew children went to St. John's as well. Okay. So they were all part of the same. And one of this kid's heroes. I'm feeling so bad I can't remember his name off the top of my head. One of his heroes was Rod Crew because he had known the daughters and stuff. Okay, well, Rod Crew got his heart. [00:25:51] Speaker B: No. [00:25:52] Speaker A: So he was strapping 25 early, you know, late 20s. Rod Crew needed a heart and it just all came together. Oh, my gosh. So it's interesting that the family all was interwoven there. [00:26:09] Speaker B: We'll link to that in the show notes. I'm sure we can do some research articles. [00:26:12] Speaker A: I wish I would have thought about it. It just came to me as we were talking about the organ and tissue donors. And we have a really good friend whose husband had the type of an accident, let's say a medical accident, where he did not die right away. And she was able to then donate his organs and tissues and was able to meet families that were the benefactor of this great loss in her life. And that meant a lot to her. And to this day she's very active. That. And you should link the organization that she's involved in for this as well, because that all goes to the organ and tissue donation. It's a. It is important that people understand that even when they think that no one wants their organs, that there's always the possibility that their organs can benefit people. It doesn't mean that, you know, my heart is the perfect match to somebody else, and I've died in a way that you can take my heart and put it in somebody else. That doesn't. That's not even what this means. My skin might be able to be grafted on somebody else, and, you know, that might be of value. I may die of some weird. One thing that does come to mind is the football. Concussions, Right? [00:27:35] Speaker B: Yeah. [00:27:36] Speaker A: So I think that when that generation, and happens to be my dad's generation, of playing football, when they pass away, studying how their brain may have deteriorated faster or different things that may have happened would benefit the younger generation of football players, that maybe it would lead to something else. So the concussions that they endured during their football careers may lead to something else. So, you know, maybe I have a rare blood condition that them, you know, doing research on my parts might help somebody else with that same, you know, so that's. That's all part of it. If I take my agent off the hook from making that decision for me, that's one less thing that burdens their minds on whether or not I wanted it. I'm okay with it, or for sure don't want it. [00:28:39] Speaker B: Yeah. So back to my question, Andy. What percentage of people are. Can you say most don't. And it's. [00:28:47] Speaker A: Honestly, I would say 50. 50. Wow. Maybe. Maybe more towards people saying, I don't care. I'm already dead, so I'm good with that. And again, you're leaving it up to your agent to kind of make these decisions for you, but you've taken them off the hook from saying what I want or don't want. I do think some of my older clients really feel a lot of them have gone through medical things, cancer or whatever, where they're being told, you know, you can't donate blood, you can't do this, you can't do that. So they just sort of think, don't, I'm not going to fill this out because nobody's going to want it. No one's going to need it. I kind of feel like. You don't know. [00:29:27] Speaker B: Yeah. [00:29:27] Speaker A: You don't know. Some religious reasons, the idea of an open casket versus, you know, I'm going to be cremated. So it's. There's just so many. So many things that go through people's minds, and I have no hard percentage. And I don't know. I think it would lean more towards people being organ and tissue donors and if they're not. If they're steadfastly not, there's usually a reason for it. [00:29:54] Speaker B: Yeah. So if I wanted to get an advanced healthcare directive, I'm going to make an appointment with someone like you. What kind of timeframe does it take to collate all these questions and what is the cost? [00:30:09] Speaker A: I would say you're looking at probably an attorney an hour. Right. Because it's the meeting. Yeah. I mean, that's reasonable. 45 minutes to an hour to kind of do that, get it signed. And because there are signing requirements here that are important. So if your next question is going to be, if I know you, is this a do it yourself thing? [00:30:30] Speaker B: Is it diy? [00:30:32] Speaker A: Yeah. So I would say yes and no. So also Kaiser, if you have Kaiser have their own forms, they're really good about making sure everybody has that in their. In their chart, in their files. So if you already have one and you came in and I was doing a full estate plan, I would want to see what you already had, see if you're still good with it. Maybe that come. Maybe I write off 250 off the package if we're not having to do the health care directive. But every once in a while, I guess someone will come in and say either they want to update their health care directive or they don't have one and we're going to do it and that's all we're going to do. I'd say you're looking at probably an attorney an hour. Do it yourself. You're probably going to pay about 200. I've seen them, you know, legal, zoom or whatever. The California Medical association has a form you can order. I want to say it's $10, $12, something like that. It's the form I use. So if you were to go get it online, you could handwrite it or type it out. Be easy to kind of get. So that's not very expensive. I just would warn you to really make sure you're checking all the boxes and that it's properly signed. [00:31:44] Speaker B: Yeah. [00:31:44] Speaker A: Otherwise, what good is it? [00:31:46] Speaker B: You know, I could see why people avoid this conversation. It's not easy to talk about end of life and who's going to be making these choices for you. But as you can tell, there are countless scenarios that can transpire where this document is key. [00:32:06] Speaker A: Yeah, I don't know that. It's kind of like the trust. I don't know that I want to be there. I don't want to be incapacitated or. And come out of it. And Realize that somebody had done something that it wasn't the person I wanted and it or it cost thousands of dollars that they had to go to court to ask for permission. Like the Terry Schiavo case. I think this is part of your responsibility is to not burden your loved ones by not having this done. It's hard because I know it's money, I know it's time. I know it's hard for people to come up with who they want to name, but it's far worse to not have anything and have them have to figure it out or go to court or fight the doctors. What if, you know, your mom and dad don't agree? What if you've got two brothers and they don't agree or they fight over who's going to make the decision? At least this way I can say, hey, I wanted to be my partner. He's going to make the decision. He's going to talk to Jared, my son, who I don't want to put in the position to be making that kind of a decision right now. That will come sooner than not. Probably where, you know, maybe I make them co. You can name co's. I don't think doctors appreciate that, but that should be your show if you want to dive into this more is having the medical professional here too. Also, I'm always interested on what it is that they would like to see here or what kind of difficulties. Difficulties are, you know, come about because somebody doesn't have it or has it wrong or has it, you know, whatever. So, you know, the CMA form is only one example. There's lots out there and like that center for Aging. Well, all the, all these different. [00:34:06] Speaker B: AARP has to have something. [00:34:08] Speaker A: All these different organizations that focus on people usually later in life. And that's not even the case in my opinion. But that's their target is to have if mom and dad, you know, because now we're looking. I'm going, well, you're going to be old and you're going to be incapacitated. We're just kind of assuming that. How do we help take care of you? Well, this is exactly it. You need financial powers of attorney. You need health care directive. For sure. Everybody needs a health care directive, in my opinion. Everybody. You. That you need to have somebody legally able to make your medical decisions if something has happened and you can't. Yeah, 100%. Everything else, financial stuff, I don't, I don't even care a fraction about because that's on you. If you didn't do that now it's just going to take time for somebody to go to court and have authority to do it or to pay an attorney to bring this together. Right, but the health care, if that pops up because an agent needs to act for you, something really awful has happened. Okay. I mean, I'm not just traveling in Japan and need help paying a bill. This is. Something bad has happened and I am unable to make my medical decisions if that's the case. And now I've just burdened possibly my. Let's just say my elderly mom and dad. They're not. And they won't appreciate that. But let's just say it's your elderly. My. My mom and dad, 95 years old. Let's say now they're having to deal with a daughter who's incapacitated when I could just make my partner or my son be my agent so that it's not a burden on my parents. So you should be also reviewing these documents and make sure that those people are still appropriate. When we talked before, I was saying every five years. Absolutely. This is one of the documents that you should be reviewing every five years. Sometimes a law changes. And what's in these? I still see people bringing me their documents at still called Durable Power of Attorney. Okay, well, that was 25 plus years ago. It hasn't been called that in a long time. You know, maybe this document needs to be updated. Probably don't. You know, the three dead people that you named as agents that all died within the last 25 years. Maybe that needs to be revisited. You know, maybe you're. Maybe your ideas about your health care have changed too, or what. What kind of a funeral you want or, you know, maybe your ideas have changed. So it's important, you know, for an attorney also to recognize that people may have preferences or requirements, and that is all part of it, too. [00:36:49] Speaker B: Yeah. Well, Andy, thank you so much for letting us pick your brain about that. We'll drop a lot of resources into the show notes here, so if you have questions, you want to start thinking through some of these, we'll provide a lot of resources for you. Links to all the forms that Andy has been mentioning as well as the stories as we wrap up Andy, we always play the game. You know, you're old. When are you ready for mine? [00:37:18] Speaker A: Yes. [00:37:20] Speaker B: Okay. You know you're old when prep is no longer about an SAT test. You know, prep for a colonoscopy. [00:37:36] Speaker A: Okay. That is so fun. [00:37:39] Speaker B: Yes. [00:37:40] Speaker A: I'd rather study for the SAT again. [00:37:44] Speaker B: Yeah, I'm. Gosh, I think you get your first colonoscopy at 45. And I was at my doctor for my annual well Visit. And I'm 44, turning 45 next week. And he wrote me my prescription. So hopefully you can pick me up. [00:38:00] Speaker A: Oh, now I see why this came up. I've had a few. My mom has some had a medical issue that kind of prompted me to have it earlier than that. So I've had a few. [00:38:14] Speaker B: So prep drinks. [00:38:16] Speaker A: The worst part of it. See, so you know you're old when you go on the Internet and you asked to put in your birthday. So mine's February. That's just the first two. Right. And then the 19th is about the middle. But when I go to put in 1970, I feel like I'm on the wheel. What is the Price is Right? And it just keeps going and going and going. And then you finally find 1970. I don't even know why that, like, do you really think that somebody born in 2024 is going to be filling out your form on the Internet? Can they just start with like, maybe 15 years down or something? I guess maybe that would not be okay. [00:38:57] Speaker B: That's so good. [00:38:58] Speaker A: Yeah. You feel like you're playing a game when you're just trying to find your birth year. [00:39:02] Speaker B: That's good, Andy. That's a good one. You're right. I 79. I do start scrolling with you, but I'm a little bit earlier than you, so. [00:39:10] Speaker A: Yeah, whole nine years. [00:39:11] Speaker B: Yeah. Well, thanks for coming, Andy. We hope to have you back again soon. If anyone has any questions, drop a note in any of our social channels, in the YouTube links. You can find us. And he's great about getting back to you. So please do reach out if you have any questions. Andy, if someone wants to get one of these done with you, what's the best way to contact you? [00:39:35] Speaker A: Email is the best way. You can call my office, too. I've got staff that will answer the phone. It's just emails kind of go into a different mode. It's kind of quicker. [00:39:46] Speaker B: Okay, so I think your website is the patent law firm dot com. [00:39:50] Speaker A: Yes. [00:39:51] Speaker B: Okay, so they can find all your information there. [00:39:53] Speaker A: Correct. [00:39:54] Speaker B: Excellent. Okay, well, Andy, looking forward to having you back. Thanks for your time. [00:39:58] Speaker A: Thank you. [00:40:00] Speaker B: And that brings us to the end of another episode. I hope you enjoyed the conversation as much as I did. Okay, so if you haven't already, make sure to hit that subscribe button so you never miss another episode. If you're loving what you hear, I would be incredibly grateful if you took just a moment to rate and review this show on your favorite podcast platform. It helps others discover us and it's a great place to share your thoughts, suggestions and ideas for future episodes. For even more exclusive content and detailed show notes, check out our [email protected] and that's spelled out3564.com as always, a huge, huge thank you for spending time with me today during this episode. I appreciate that you tuned in. I'm going to leave you the same way I do every episode. Remember, it's not too late, you're not too old, and you're definitely not dead. Okay? Until next time, friends. Today's episode is brought to you by Dana Kreeth Lighting where artisanal craftsmanship meets innovative design. Are you searching for lighting that stands out from the rest? You've got to check out Dana Kreeth Lighting. Handcrafted in Southern California, each piece exudes attention to detail and commitment to quality. Say goodbye to replacements and hello to long lasting beauty. Visit danacreath.com that's D A N A C R e a t h.com to view their stunning collections or stop by their showroom at 1822 Newport Boulevard in Costa Mesa, California. Dana Creith Lighting where elegance meets innovation.

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