Posts Tagged ‘incapacity’

What is Incapacity?

Thursday, April 30th, 2009

Have you ever wondered what would happen if you became incapacitated? Incapacity, or incompetency, means that you become either mentally or physically unable to take care of yourself or your day-to-day affairs. To be more precise, you would be unable to take care of your property and yourself and you would be unable to communicate rationally about decisions as to how to do this if you cannot.

Incapacity is a result from serious physical injury, mental or physical illness, mental disability, advanced age and/or alcohol or drug abuse. Although medical science has increased life expectancies, it also has increased the possibility that you will live long enough to become incapacitated. Old age can bring senility, Alzheimer’s disease, or simply the waning of an ability to make a quick and/or rational decision.

Unless you have authorized someone to carry on your affairs in the event of your incapacity, a relative or friend may need to ask the court to appoint a guardian. While you might think that you are years away from becoming incapacitated, an unforeseen accident and a coma can put you in that situation at any time.

When you do not authorize someone to make decisions for you if you become incapacitated, your medical care providers are obligated to prolong your life, even with artificial means, for as long as you respond to such care. In the situation of a coma, you could remain in an incapacitated state for years. Such a decision can devastate your estate, monies that you may rather see go to someone you care about.

If you really want to protect your family and your estate, you would plan now to appoint someone to manage your estate. You might also look into four common incapacity documents. If you make these decisions now, you can avoid a court-appointed guardian that you may not know nor trust.

Religion, Death and Dying

Monday, March 23rd, 2009

The Los Angeles Times recently ran an article that talked about how religious belief drives some patients to fight for life, while others suffer more at the end of life because of their religion. The main character in this article is Holly Prigerson, director of the Center for Psycho-oncology and Palliative Care Research at the Dana-Farber Cancer Institute in Boston and the study’s senior author. The entire article is summed up in the final paragraph from that piece:

In a study published last week in the Archives of Internal Medicine, Prigerson and her colleagues found that patients who discussed their wishes for end-of-life care ahead of time accrued $1,876 in medical expenses in their final week of life compared with $2,917 for patients who didn’t. They were also less likely to be in physical distress, less likely to die in a hospital and more likely to be getting outpatient hospice care. “One-third of the Medicare budget goes to the last year of life, and 80% is for the last month,” Prigerson said. “Most of that is being on a ventilator or from an ICU stay.”

Religious beliefs have come more into focus as a result of this study, which shows that faith in a higher power often can lead to more aggressive treatment than is medically warranted. This problem alone can lead to further medical problems and, without a doubt, more expenses. Such treatments didn’t improve a person’s long-term chances, however.

The solution to this problem? Although the article points to doctors who need to talk with their patients to learn their religious views and motivations, another answer is to plan well in advance for death and dying. Some examples to help you along with this effort include:

  1. If you are in a coma or some other debilitating situation, your family may decide to keep you on life support when your wish is totally opposite. If you plan ahead with incapacity documents, your family has no choice but to follow your wishes.
  2. You may not agree with “buying time” with more aggressive treatment, but your loved ones insist. If you talk with them well ahead of time about your wishes, you can resolve issues while you have plenty of time to heal emotional wounds.
  3. You might insist that “buying time” is your priority, even if you suffer. In this case, it is good to let your doctor in on your plans for suffering so he or she can choose the best staff to help you through this end-of-life trial.

By developing a plan for your death, this work can help you accept death as a part of life. The article states that accepting death “can provide an opportunity to get one’s religious affairs in order and make the most of remaining time with family and friends” rather than dealing with the stress of making decisions during a time when you might be in pain, under medication or – worse – unable to make rational choices.

If you plan now for your death care, you could save money that you or your family might have spent prolonging your life when your prognosis is poor. This money, if you have a will, can benefit someone who has a long life ahead. Additionally, by planning your death care now, you can avoid an unsettling end-of-life battle between you and your loved ones, no matter your religious beliefs.