Transcript Document

Wills, Living Wills,
End of Life
Registry, Advance
Directives, POLST
April 5, 2012
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Presenters:
Marsha Goetting
Joel Schumacher
• Extension Economics
Specialists
• Department of
Agricultural
Economics & Economics
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Sponsors
This program is made possible by a grant from the FINRA
Investor Education Foundation through a partnership with
United Way Worldwide.
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Solid Finances
Web site
www.msuextension.org/
solidfinances
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Future Session
Date
Time
Title
April 17
Marsha
Noon
Estate Planning Tools
& Tips: Avoiding
Probate with
Beneficiary Deeds,
PODs, TODs, and other
Beneficiary
Designations
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Wills
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Question
•
What % of
Americans
die without a
written will?
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Question A: % die without
will
1. 90%
2. 80%
3. 70%
4. 60%
5. 40%
6. 30%
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7 out of 10 do
not have a will
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What is a will?
• A written
document
describing how
its maker wants
property
distributed after
his or her death
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Montana Requirement
•
Age 18 or
more years
of age
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Montana Requirement
• Sound mind
– Know nature of
property
– Know those to
whom he/she would
give property
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Here is your
DAD’S will
“Being of
sound mind I
spent it all.”
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Holographic
Wills
• Signature & material
provisions in handwriting
of the testator
• No witnesses are necessary
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Canadian
Farmer 1948
• Used small knife to carve
into tractor fender
–In case I die in this mess,
I leave all to my wife,
• Cecil Geo. Harris
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Minor Children
•Nominate:
 Guardian
Takes care of child
Health decisions, home
 Conservator:
Handles the assets
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Adopted Children
•Have same rights
as your biological
children
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Dad’s Will
“To my son I leave the
pleasure of earning a
living. For 25 years he
thought the pleasure was
mine. He was mistaken.”
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Age 18
•Child has right to
his/her
inheritance without
regard to financial
competency
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Testamentary Trust
•Established
by a written
will
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Why Testamentary
Trust?
•Minor Children
–Manage assets
until they reach
certain age
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Why Testamentary
Trust?
•Financially
incapacitated/
incompetent heir:
–Can’t manage money
–Addiction problems
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Discretionary
Standard:
Trustee judgment
•Health
•Education
•Maintenance
•Support
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Trustee Decision
• Chris wants to take
a trip during the
summer to Europe
–“It would be a very
educational
experience,” says
Chris
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Question B: You are the
trustee…will you provide funds
for Chris from the Trust?
1. Yes
2. No
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Distribution of Trust
Income or Principal
•Use percentages
instead of dollar
amount in case
values of assets
change
%
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Percentages
•75% to my son,
John Jones
•25% to MSU
Extension
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Separation decree
•Is not considered as a
divorce under Montana
Uniform Probate Code
–Any bequest to spouse
is still effective
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Heinrich Heine
made his wife sole
beneficiary on the
condition that she
remarry because
then
“there will be at least one
man to regret my death”
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Non-Titled
Property
Owner is not
identified with a
written document
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Personal
Belongings
•
•
•
•
•
Wedding photographs
Baseball glove
Books
Christmas decorations
Jewelry
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Montana Law:
Separate Listing
Tangible Personal
Property
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Separate Listing
Item
my Grandma Ray’s Opal Ring
my niece, Bethany Buczinski
my Montana Sapphire Ring
my friend, Barbara Miller
Date
Signature
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Paragraph in will
“I
have a separate
listing of tangible
personal
property……”
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Jack’s coin
collection?
• Safe deposit box with
John as joint tenants with
right of survivorship
• Separate listing with will
leaving coin collection to
Susan
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Question C: Who receives
Jack’s coin collection?
1. John
as JT on Safe deposit box
2. Susan
Separate Listing
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Conflict between two
Montana statutes:
•Should safe
deposit box be
in joint
tenancy?
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Question D: Does Montana law
allow you to disinherit your
spouse?
1. Yes
2. No
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Can I disinherit
my spouse? NO!
• Spouse has right
to an elective share
• Based on number
of years married
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Right to an Elective Share
Married up to & including 7 years
# of Years
But Less
married
than Years
Less than 1 year
% of augmented
estate
1
2
2
3
Supplemental
Amount Only
3%
6%
3
4
4
5
9%
12%
6
7
7
8
18%
21%
15
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Right to an Elective Share
Married 8 – 15 + years
# of Years
married
8
9
11
13
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15 years
or more
But Less
than Years
9
10
12
14
15
% of
augmented
estate
24%
27%
34%
42%
46%
50%
15
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Personal
Representative
• Person selected
to carry out plan
for settlement of
your estate
– Formerly executor
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Personal
Representative
• Does not
have to be a
resident of
Montana
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Self proved will
•Additional statement
that the testator and
witnesses signed &
acknowledged that this
was the will
–Sign in front of notary
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Where to keep a
will?
•Clerk of Court office
•Attorney’s office
•Safe deposit box
–Don’t store original at
home
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Where is the will?
•Inform family
members
and/or
personal
representative
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Montana Rights of
the Terminally Ill
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Question E: Do you have a
declaration (living will)?
1. Yes
2. No
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Montana law
• Allows an individual
who is of sound
mind to write a
declaration (living
will)
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Declaration
• Governs withholding or
withdrawing of lifesustaining treatment when
a person is in a terminal
condition
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Becomes Operative
1. Attending physician
determines that you are
in a terminal condition
and…
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Becomes operative
2. You are no longer able
to make decisions about
the administration of
life-sustaining
treatment
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Life-sustaining
Treatment
• Any medical procedure or
interventions which, when
administered to a qualified
patient, will serve only to
prolong the dying process
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Terminal Condition
• Incurable or irreversible
condition that, without
administration of lifesustaining treatment, will, in
the opinion of the attending
physician, result in death
within a relatively short
time.
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Declaration
•
Signed by
Declarant
Two witnesses
• Does not have to be
notarized
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Provide copies to:
• Physician
• Family
members
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Change your
mind?
• Revoke declaration
 Verbally
 In writing
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Life Insurance
• Withdrawal
of life sustaining
treatment does
not constitute
suicide or homicide
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Example Declaration
• MontGuide 199202
 Signature
 Date
 Witnesses’
Signatures
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Montana Rights of
the Terminally Ill
Questions?
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Question F: Have you
registered at the Montana
End-of-Life Registry?
1. Yes
2. No
3. No idea
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Montana’s
End-of-Life
Registry
033109
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End-of-Life
Registry Goal
• Provide place to store
advance directives online
• Give authorized health care
providers immediate access
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What is an Advance
Directive?
• Document that expresses how
you would want to be treated if
you were seriously ill and
unable to make decisions for
yourself.
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Types of advance
directives:
• Health care directives
• Living wills
• Declarations
• Health care powers of
attorney
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How to file an
advance directive:
• Complete 2 forms
–Advance Directive
–Consumer Registration
Agreement
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Where to get forms:
Both forms:
– Available online
http://endoflife.mt.gov
– Office of Consumer Protection
1-866-675-3314
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Mail completed materials
• Advance Directive
• Consumer Registration
Agreement
To: Office of Consumer Protection
2225 11th Avenue
P.O. Box 201410
Helena, MT 59620-1410
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What if I change my
mind?
• Complete & mail to Office
of Consumer Protection
– New Advance Directive
– New Consumer Registration
Agreement
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Whom should I
provide a copy?
• Physician
• Other health
care provider
• Family member
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Access 24 / 7
• Advance Directives are
stored in secure computer
database
– Free of charge
– Available anytime
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033109
Montana’s
End-of-Life
Registry
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POLST
Provider Orders
for Lifesustaining
Treatment
(POLST)
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Question G: Do you know
someone who has signed a
POLST?
1. Yes
2. No
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What is POLST?
 Process, including a
form, that gives a
patient control over
medical treatment
options
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• is recognized as an actual
medical order
Transferrable
 POLST form becomes
apart of your medical
records:
• Transferred between
health care facilities
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Montana Board of
Medical Examiners
Developed in
2010
•POLST Protocol
•POLST Form
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Form Revised
 June 2011
 Goal: Make form
substantially similar to
those developed in
other states
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Montana POLST
Website
 www.polst.mt.gov
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I have a living will/
advance directive/
health care power of
attorney………
Why do I need
POLST?
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Advance Directives
 Often unavailable to
health care providers:
• Not necessarily transferred
from one health care facility
to another
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Advance Directives
 Often not usable
• Patient did not provide
specific details about
his/her preferences
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Advance Directives
 Overridden by medical
providers or family
members
• Vagueness with in
document
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Living Will vs. POLST Form
 Living will is not a
medical order that
will be honored by
Montana Health
Care providers
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If want to provide additional
Information about Health
Care Preferences
• Health care power of
attorney
• Advance Directive
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I have a Comfort
One/DNR
order……
Why do I need
POLST?
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Comfort One
 Program has been
eliminated from the
Emergency Medical
Services system
• Replaced by POLST
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Prior documents
 Existing documents
& bracelets are still
honored by
Montana
EMT personnel
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Advantage of POLST
vs. Comfort One
 POLST is
transferrable from a
person’s home to
different medical
facilities
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Where can I get a
copy of the POLST
form and a
POLST
bracelet?
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Almost all health
care providers have
copies
• POLST forms
• Envelopes
Terra-green
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Department of Public
Health & Human
Services
 Order from:
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Department of Public Health & Human
Services
EMS & Trauma System Section
PO Box 202951
Helena, MT 59620
(406) 444-3895
[email protected]
What
preferences can
I express on the
POLST Form
-Seven Sections
-Double-sided
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Section A:
• Treatment Options:
 Resuscitate (CPR)

Do Not Resuscitate
(DNR)
• Applies when person has no
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pulse and is not breathing
Section B:
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• Treatment options if has a
pulse and/or is breathing
(3 categories):
 Comfort Measures
 Limited Additional
Interventions
 Full Treatment
Other Instructions……..
Section C:
• Use of Antibiotics
(3 choices):
 No antibiotics (except
needed for comfort)
 No invasive antibiotics
 Aggressive Treatment
Other Instructions…..
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Section D:
• Medically Administered
Nutrition (3 choices):
 No feeding tube
 Feeding tube for a
defined trial period
 Feeding tube long-term
Other Instructions……
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Section E:
Space to indicate with
whom discussion was held.
 Patient/Resident
 Health Care
Agent/Surrogate
 Court Appointed Guardian
 Other_______________
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Section E:
• Required signature of:
 Attending physician
 Advance practice registered

nurse (APRN), or
Physician Assistant (PA)
•Time and Date
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Original
Terra green
form kept with
patient
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Notify
Family members
or friends specific
location of your
original POLST
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Summary
 POLST Form
•
Recognized as
actual medical
order that will be
honored by:
•All Montana health
care providers
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Evaluation
• Usefulness
• Sound Quality
• Knowledge gain
• Pace
Opinion
• Length
• Quality of
Visuals
• Polls
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Best wishes as
you proceed with
writing a will, living
will, and register with
end-of-life registry
Marsha
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