Even the elderly have the right to decide

Page 15

PRO BONO

Dear Tuma:

I am having concerns regarding one of my parents who is ill with a life threatening disease. This parent refuses to go to the hospital and take regular treatments. I'd tried to call the ambulance at times and he would refuse to get in the ambulance. I was wondering how I could get a power of attorney so I can force him to go to the hospital.

Frustrated adult child

Dear Frustrated:

A power of attorney is a document that authorizes decision-making on behalf of a person by another. There are different types, some which are limited and others that are broad. Some are for a specific period while others are enduring. Some are for financial reasons while others are for other reasons such as medical decisions.

There are a number of questions that are raised by your question. First of all, is your parent fully aware, stable and mentally competent of making decisions on his own? If so, then your parent has the right to make medical decisions for himself. This includes the right to refuse certain or all types of medical treatment.

The person usually signs a power of attorney before they become incompetent so that their wishes are known and understood by all should they become incompetent. Check to see if your parents have one signed and that they have appointed someone to be their power of attorney. If there is no signed power of attorney and your parent is mentally competent, then talk to the parent about getting one signed.

If your parent is not mentally competent, then a power of attorney is no good to you. What you need to do then is to obtain a court order appointing a guardian for your parent. To do this properly, consult with a lawyer. You may wish to point out to the lawyer that the process of handling estates for mentally incompetent First Nation people lies with the department of Indian and Northern Affairs. Make sure to have the lawyer check out the Indian Act and the Indian Wills and Estates regulations.

On another note, if any of my readers are thinking about this issue (and you should be), talk to your family about your wishes in case you are incapacitated or become incompetent to make medical, financial and estate decisions. Talk to a lawyer about an estate plan that includes a power of attorney, living will and a will. This will ensure that your wishes regarding your medical treatment, finances and estate will be carried out and this will relieve the burden on your family from having to guess what you would have wanted.

Dear Tuma:

I got a brochure in the mail asking me to preplan my funeral. How can a person do this? What is the process?

Can I pick out my own coffin?

Dear Can I:

Just go to your local funeral home, ask about preplanning options and they will walk you through the process. Yes, you can even pick out your own coffin and help plan your own funeral. You can even buy your own headstone if you want. Of course you have to prepay for the funeral too.

What happens is that the funeral home takes your payment and places the money into a type of trust account.

Provincial laws govern these accounts so that when the time comes for your funeral, the money is there to pay for it. This ensures that your funeral will be paid for even if the funeral home goes bankrupt or changes ownership.

Once you have your living will, power of attorney, will and funeral prepaid, now go live life to the fullest.

Tuma

This column is not intended to provide legal advice, but rather highlight situations where you should consult with a lawyer. Questions can be sent to TumaYoung@eskasonibc.ns.ca