{ }
In Connecticut, the legal document that expresses your wishes concerning health care is called a “living will”. Currently, a "living will" permits you to state your wishes regarding any and all health care decisions, including life-support systems, surgery, antibiotics, or other medical treatments in the event that you are terminally ill or permanently unconscious and unable to communicate. It can provide that you want all available life supports, or, alternatively, that you do not want certain or all life supports.
A living will is different than a “do not resuscitate order”. A Do-Not-Resuscitate Order (DNR) reflects a doctor’s instruction to staff and/or emergency medical technicians that cardio-pulmonary resuscitation (CPR) should not be administered if you experience cardiac arrest. Any DNR order that is made should be consistent with the wishes that you express in your living will.
There are important reasons to have a living will. These include:
- Helping to make sure that your end-of-life medical care wishes are followed.
- Relieving your loved ones of the burden of making end-of-life decisions without knowing your wishes.
- Enabling your doctor to follow your instructions.
- Keeping your private wishes on dying out of the probate court, where these disputes may otherwise end up.
While the above reasons make completing a living will a good idea, you are not obligated to do so. Hospitals and nursing facilities are required by a Federal law, known as the Patient Self-Determination Act, to ask on admitting you as a patient if you have a living will or wish to execute one, but they cannot require you to sign one in order to receive care.
Completing a living will should include thinking through your wishes, filling out a form, and discussing the form with your family and your doctor. To be valid, a Connecticut living will must be signed, dated, and have two witnesses. Because Connecticut health care providers are most familiar with it, using the state form may mean that there is less likelihood of your wishes being misunderstood.
Connecticut law provides both a stand-alone form and a combined form that includes additional advance directives including designation of health care agent and power of attorney for health care decisions, advance designation of conservator and anatomical gift.
You can later revoke a living will at any time and in any manner (e.g. orally, by ripping it up or any other means).
{ }
Appointment of a Proxy
Before October 1, 2006, Connecticut had two separate documents that allowed you to appoint someone to make your health care wishes known in the event you are unable to do so yourself:
· The “appointment of health care agent”, which gives the individual that you choose authority to convey wishes concerning life support that you have expressed in a “living will”; and
· The “durable power of attorney for health care decisions”, through which you can appoint an individual who can make all other health care decisions for you.
After October 1, 2006, a new form, the “appointment of health care representative”, became available that allows you to appoint a individual to make any and all health care decisions in the event that you are unable to do so yourself. It is no longer necessary to complete both a “power of attorney for health care decisions” and an “appointment of health care agent”.
If you later change your mind, you can revoke appointment of a proxy as follows:
v You may revoke appointment of a health care agent at any time and in any manner.
v Divorce, legal separation, annulment, or dissolution revokes appointment of your spouse as health care agent unless you have specified otherwise in the signed document.
v You must revoke a power of attorney in writing, and have that document: (1) signed by two witnesses, and (2) signed and acknowledged (as appropriate) by a notary public, CT attorney, judge of court of record/family support magistrate, clerk or deputy clerk of court having a seal, town clerk, or justice of the peace.
- Health Care Representative:
v You must revoke an appointment of health care representative in writing, and have that document signed by two witnesses.
v Divorce, legal separation, annulment, or dissolution revokes appointment of your spouse as health care representative unless you have specified otherwise in the signed document.
{ }
Advance Designation of Conservator
A "conservator of the person" is someone appointed by the probate court to supervise your "personal affairs" if you are incapable of caring for yourself or otherwise agree to it voluntarily. "Incapable of caring for one's self" means "a mental, emotional or physical condition resulting from mental illness, mental deficiency, physical illness or disability, chronic use of drugs or alcohol, or confinement, which results in the person's inability to provide medical care for physical and mental health needs, nutritious meals, clothing, safe and adequately heated and ventilated shelter, personal hygiene and protection from physical abuse or harm and which results in endangerment to such person's health.”
Effective October 1, 2006, Connecticut law, in most cases, requires that conservators comply with your “advance health care directives” and defer to any person whom you have already appointed to express your health care wishes if you cannot.
Conservatorship is either voluntary (where you ask a Probate Court to appoint a conservator for you), or involuntary (where someone else asks a Probate Court to appoint a conservator on your behalf).
The advantage of completing an “advance designation of conservator” is that it will help a court to follow your wishes, unless it finds the appointment of the person you chose is not in your best interests or the person you chose is unable to serve.
{ }
Wills and Living Trusts
A will is a legal document that ensures your estate is distributed after your death according to your wishes, by an executor of your choosing. While it’s always best to consult an attorney, simple wills can be prepared with do-it-yourself forms. If you don't have a will, state statutes direct the probate court how to distribute your estate.
A living trust transfers ownership of your assets into a trust and outlines how you want your property managed for the benefit of yourself, dependents, and survivors. The trust is administered by a trustee you have chosen. A lawyer should always prepare living trusts.
Choosing between a will or living trust is a personal decision that should be made in consultation with your attorney and possibly family members.
Keep in Mind...
Probate is a legal process administered by probate courts located in most municipalities to direct and oversee the distribution of your estate, including personal property, liquid assets and real estate, when you die. The court determines whether your will is valid, oversees inventories and appraisals, gives notice to creditors, including the State of Connecticut, which may make claims on the estate, and distributes remaining assets according to your wishes. If you do not have a will, the court will distribute your property to creditors and heirs according to state laws.
For more information, contact the probate court in your area.
