may 2012
CityLight.org 23
W
hat if you suddenly became incapaci-
tated (whether due to mental illness,
mental deficiency, physical illness or dis-
ability, or advanced age) and because of that
incapacity, you could no longer manage your
money or make decisions about your person-
al or medical care? Who would you want to
make those decisions? What if you suddenly
died? Who would you want to receive any
property you may own?
The concept of planning for the end of life
scares some people enough that they fail to
do so. However, planning for the end of life
is important, especially since we live in a time
of second marriages and death and/or sick-
ness at younger and younger ages.
Studies indicate that African Americans are
half as likely as Caucasian Americans to have
advance medical directives such as a Living
Will or Health Care Power of Attorney.
This discrepancy leaves African Americans
with less control over their final health care
choices. This disparity also means that Afri-
can Americans are more likely to endure un-
wanted medical procedures and experience
unnecessary pain and family strife.
When people do not have advance medical
directives, they are more vulnerable to hav-
ing decisions made that they would not have
made for themselves had they been able to
speak to the issue. It is also very difficult for
families to take on the burden of making de-
cisions at the end of a loved-ones' life.
The question to ask yourself is whether or
not you want control over your end of life de-
cisions and who it is you would want to have
the final say in those decisions. Shouldn't
you decide who will handle your financial
affairs and make your health care decisions
should a time come when you are unable to
do so for yourself?
Deciding who will handle your financial affairs
and make your health care decisions is only one
facet of end of life planning. Another question
to consider is what will happen to your assets?
How do you ensure that your assets are dis-
tributed to the person you choose.
Studies show that half of all adult Americans
do not have a Last Will and Testament. Only
one in three African American adults have a
Last Will and Testament, compared to more
than half of Caucasian American adults.
Although everyone dies eventually, not ev-
eryone leaves a Last Will and Testament or
medical directive in place. By making prepa-
rations before a crisis occurs, a plan can be
developed to carry out your wishes to the
greatest extent possible.
As an attorney practicing in elder law and
estate planning, clients generally ask me the
Shouldn't you decide who will handle your financial affairs and make your health
care decisions should a time come when you are unable to do so for yourself?
Continued on page 38
p
lanninG
for
the End of Life
Debra C. Galloway