Meagan Silva is the second generation of lawyers at the Silva Law Firm. The benefit of a second generation lawyer in the firm will assure that we will be here in the future to assist your family in their time of need. One of the biggest mistakes we see is that a family will make a living trust and then fail to transfer the assets into the "name of the trust". For most folks, their most valuable asset is their home. As part of our services we will prepare the transfer deed and have it recorded at the hall of records. Patrick Silva is the founder of The Silva Law Firm. He has been helping clients with their Living Trust needs since 2001.
EXAMPLE LANGUAGE IN OUR HEALTH CARE DIRECTIVES
GENERAL STATEMENT OF AUTHORITY GRANTED:
a. If I become incapable of making informed health care decisions, I hereby grant to my agent full power and authority to consent, refuse consent, or withdraw consent to any type of health care procedure (including any procedure to maintain, diagnose, or treat any physical or mental condition), or to make any other health care decision, to the same extent that I could if I had capacity to do so, subject to the terms of this instrument. My agent shall exercise this power and authority in accordance with my expressed desires, known to my agent, whether contained in this document or not. Before acting, my agent shall attempt to communicate with me regarding my desires unless such attempt would be futile. If my desires are unknown, then my agent should decide for me, having my best interests in mind. My agent is further authorized:
To authorize, or refuse to authorize, any health care decision, or medical treatment, if I shall be physically or mentally incapacitated or otherwise unable to make such authorization for myself, including but not limited to authorization for emergency care, hospitalization, surgery, therapy, and/or any other kind of treatment or procedure that, in my agent's sole discretion, my agent thinks necessary for my benefit and well being
To consult with and advise any physicians, nurses, therapists, dentists, or any other medical and/or health care institutions on my behalf, as such consultations relate to my health and welfare. All such personnel and institutions are specifically requested to abide by any and all decisions and instructions of my agent and to release to my agent any and all information that my agent may request concerning my health and well being.
To receive into my agent's sole possession any and all items of personal property and effects that may be recovered from or about my person by any hospital, police agency, or any other person at the time of my illness, disability, or death, this to specifically include my remains, if applicable.
b. "Health care decisions" includes a decision regarding the selection and discharge of health care providers and institutions, approval or disapproval of diagnostic tests, surgical procedures, and programs of medication; and directions to provide, withhold, or withdraw artificial nutrition and hydration and all other forms of health care, including cardiopulmonary resuscitation. It means consent, refusal of consent, or withdrawal of consent for any care, treatment, service, or procedure to affect my physical or mental condition, as well as consent to release of medical information.
c. I trust my agent, who knows and understands my desires, and in whose judgment I have absolute faith, to exercise discretion in a manner that would be satisfactory to me if I had the capacity to give or refuse to give consent.
d. Before acting, my agent shall attempt to communicate with me regarding my desires unless such attempt would be futile. If I am unreachable by such communication, and my desires regarding a particular health care decision are unknown, my agent should make the health care decision guided by the following: my personal values, any preferences that I have previously expressed, preferences stated herein, and information received from the attending physician(s) concerning my prognosis, all the while having my best interests in mind. In determining my best interests, my agent shall consider my personal values to the extent known to my agent.
5. WHEN AGENT'S AUTHORITY BECOMES EFFECTIVE:
My agent's authority shall become effective when my primary physician determines that I am unable to make my own health care decisions.
6. INSTRUCTIONS FOR HEALTH CARE:
If I should have an incurable injury, disease, or illness certified by one (1) physicians to be a terminal condition, and if the application of life-sustaining procedures would serve only to artificially prolong the moment of my death, and if my treating physician determines that my death is imminent, whether or not life-sustaining procedures are utilized, then I desire that all life-sustaining treatment be withheld or removed.
If in my agent's judgment the burdens of the proposed treatment outweigh the expected benefits, then I desire that all life-sustaining treatment be withheld or withdrawn. I desire that my agent consider relief from suffering, preservation or restoration of functioning, and the quality as well as the extent of the life being preserved when decisions are made concerning life-sustaining care, treatment, services and procedures.