Transcript Document
Wills, Living Wills, End of Life Registry, Advance Directives, POLST April 5, 2012 2 Presenters: Marsha Goetting Joel Schumacher • Extension Economics Specialists • Department of Agricultural Economics & Economics 3 Sponsors This program is made possible by a grant from the FINRA Investor Education Foundation through a partnership with United Way Worldwide. 4 Solid Finances Web site www.msuextension.org/ solidfinances 5 Future Session Date Time Title April 17 Marsha Noon Estate Planning Tools & Tips: Avoiding Probate with Beneficiary Deeds, PODs, TODs, and other Beneficiary Designations 6 Wills 7 Question • What % of Americans die without a written will? 8 Question A: % die without will 1. 90% 2. 80% 3. 70% 4. 60% 5. 40% 6. 30% 9 7 out of 10 do not have a will 10 What is a will? • A written document describing how its maker wants property distributed after his or her death 11 Montana Requirement • Age 18 or more years of age 12 Montana Requirement • Sound mind – Know nature of property – Know those to whom he/she would give property 13 Here is your DAD’S will “Being of sound mind I spent it all.” 14 Holographic Wills • Signature & material provisions in handwriting of the testator • No witnesses are necessary 15 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 16 Minor Children •Nominate: Guardian Takes care of child Health decisions, home Conservator: Handles the assets 17 Adopted Children •Have same rights as your biological children 18 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.” 19 Age 18 •Child has right to his/her inheritance without regard to financial competency 20 Testamentary Trust •Established by a written will 21 Why Testamentary Trust? •Minor Children –Manage assets until they reach certain age 22 Why Testamentary Trust? •Financially incapacitated/ incompetent heir: –Can’t manage money –Addiction problems 23 Discretionary Standard: Trustee judgment •Health •Education •Maintenance •Support 24 Trustee Decision • Chris wants to take a trip during the summer to Europe –“It would be a very educational experience,” says Chris 25 Question B: You are the trustee…will you provide funds for Chris from the Trust? 1. Yes 2. No 26 Distribution of Trust Income or Principal •Use percentages instead of dollar amount in case values of assets change % 27 Percentages •75% to my son, John Jones •25% to MSU Extension 28 Separation decree •Is not considered as a divorce under Montana Uniform Probate Code –Any bequest to spouse is still effective 29 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” 30 Non-Titled Property Owner is not identified with a written document 31 Personal Belongings • • • • • Wedding photographs Baseball glove Books Christmas decorations Jewelry 32 Montana Law: Separate Listing Tangible Personal Property 33 Separate Listing Item my Grandma Ray’s Opal Ring my niece, Bethany Buczinski my Montana Sapphire Ring my friend, Barbara Miller Date Signature 34 Paragraph in will “I have a separate listing of tangible personal property……” 35 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 36 Question C: Who receives Jack’s coin collection? 1. John as JT on Safe deposit box 2. Susan Separate Listing 37 Conflict between two Montana statutes: •Should safe deposit box be in joint tenancy? 38 Question D: Does Montana law allow you to disinherit your spouse? 1. Yes 2. No 39 Can I disinherit my spouse? NO! • Spouse has right to an elective share • Based on number of years married 40 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 41 Right to an Elective Share Married 8 – 15 + years # of Years married 8 9 11 13 14 15 years or more But Less than Years 9 10 12 14 15 % of augmented estate 24% 27% 34% 42% 46% 50% 15 42 Personal Representative • Person selected to carry out plan for settlement of your estate – Formerly executor 43 Personal Representative • Does not have to be a resident of Montana 44 Self proved will •Additional statement that the testator and witnesses signed & acknowledged that this was the will –Sign in front of notary 45 Where to keep a will? •Clerk of Court office •Attorney’s office •Safe deposit box –Don’t store original at home 46 Where is the will? •Inform family members and/or personal representative 47 Montana Rights of the Terminally Ill 48 Question E: Do you have a declaration (living will)? 1. Yes 2. No 49 Montana law • Allows an individual who is of sound mind to write a declaration (living will) 50 Declaration • Governs withholding or withdrawing of lifesustaining treatment when a person is in a terminal condition 51 Becomes Operative 1. Attending physician determines that you are in a terminal condition and… 52 Becomes operative 2. You are no longer able to make decisions about the administration of life-sustaining treatment 53 Life-sustaining Treatment • Any medical procedure or interventions which, when administered to a qualified patient, will serve only to prolong the dying process 54 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. 55 Declaration • Signed by Declarant Two witnesses • Does not have to be notarized 56 Provide copies to: • Physician • Family members 57 Change your mind? • Revoke declaration Verbally In writing 58 Life Insurance • Withdrawal of life sustaining treatment does not constitute suicide or homicide 59 Example Declaration • MontGuide 199202 Signature Date Witnesses’ Signatures 60 Montana Rights of the Terminally Ill Questions? 61 Question F: Have you registered at the Montana End-of-Life Registry? 1. Yes 2. No 3. No idea 62 Montana’s End-of-Life Registry 033109 63 End-of-Life Registry Goal • Provide place to store advance directives online • Give authorized health care providers immediate access 64 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. 65 Types of advance directives: • Health care directives • Living wills • Declarations • Health care powers of attorney 66 How to file an advance directive: • Complete 2 forms –Advance Directive –Consumer Registration Agreement 67 Where to get forms: Both forms: – Available online http://endoflife.mt.gov – Office of Consumer Protection 1-866-675-3314 68 Mail completed materials • Advance Directive • Consumer Registration Agreement To: Office of Consumer Protection 2225 11th Avenue P.O. Box 201410 Helena, MT 59620-1410 69 What if I change my mind? • Complete & mail to Office of Consumer Protection – New Advance Directive – New Consumer Registration Agreement 70 Whom should I provide a copy? • Physician • Other health care provider • Family member 71 Access 24 / 7 • Advance Directives are stored in secure computer database – Free of charge – Available anytime 72 033109 Montana’s End-of-Life Registry 73 POLST Provider Orders for Lifesustaining Treatment (POLST) 74 Question G: Do you know someone who has signed a POLST? 1. Yes 2. No 75 What is POLST? Process, including a form, that gives a patient control over medical treatment options 76 • is recognized as an actual medical order Transferrable POLST form becomes apart of your medical records: • Transferred between health care facilities 77 Montana Board of Medical Examiners Developed in 2010 •POLST Protocol •POLST Form 78 Form Revised June 2011 Goal: Make form substantially similar to those developed in other states 79 Montana POLST Website www.polst.mt.gov 80 I have a living will/ advance directive/ health care power of attorney……… Why do I need POLST? 81 Advance Directives Often unavailable to health care providers: • Not necessarily transferred from one health care facility to another 82 Advance Directives Often not usable • Patient did not provide specific details about his/her preferences 83 Advance Directives Overridden by medical providers or family members • Vagueness with in document 84 Living Will vs. POLST Form Living will is not a medical order that will be honored by Montana Health Care providers 85 If want to provide additional Information about Health Care Preferences • Health care power of attorney • Advance Directive 86 I have a Comfort One/DNR order…… Why do I need POLST? 87 Comfort One Program has been eliminated from the Emergency Medical Services system • Replaced by POLST 88 Prior documents Existing documents & bracelets are still honored by Montana EMT personnel 89 Advantage of POLST vs. Comfort One POLST is transferrable from a person’s home to different medical facilities 90 Where can I get a copy of the POLST form and a POLST bracelet? 91 Almost all health care providers have copies • POLST forms • Envelopes Terra-green 92 Department of Public Health & Human Services Order from: 93 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 94 Section A: • Treatment Options: Resuscitate (CPR) Do Not Resuscitate (DNR) • Applies when person has no 95 pulse and is not breathing Section B: 96 • 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….. 97 Section D: • Medically Administered Nutrition (3 choices): No feeding tube Feeding tube for a defined trial period Feeding tube long-term Other Instructions…… 98 Section E: Space to indicate with whom discussion was held. Patient/Resident Health Care Agent/Surrogate Court Appointed Guardian Other_______________ 99 Section E: • Required signature of: Attending physician Advance practice registered nurse (APRN), or Physician Assistant (PA) •Time and Date 100 Original Terra green form kept with patient 101 Notify Family members or friends specific location of your original POLST 102 Summary POLST Form • Recognized as actual medical order that will be honored by: •All Montana health care providers 103 Evaluation • Usefulness • Sound Quality • Knowledge gain • Pace Opinion • Length • Quality of Visuals • Polls 105 Best wishes as you proceed with writing a will, living will, and register with end-of-life registry Marsha 106