Plan ahead to ease a difficult situation

  • Published
  • By Harry J. Lundy
  • Air Combat Command Public Affairs
LANGLEY AIR FORCE BASE, Va. (ACCNS) --  It is important for all military members to make sure they are legally ready to deploy and that includes having their personal affairs set up.

The advanced medical directive, or healthcare power of attorney, allows a person to be appointed to act on the servicemember's behalf due to a medical condition that leaves you unable to communicate.

"It's important that you name people who are given the power to not only make medical decisions, but have access to your medical records and your medical situation," Capt. Eric Morley said. "When the doctor says, 'Hey, we've got this decision to make.' Your agent can step in and say, 'This is what we should do.'"

Captain Morley is an assistant staff judge advocate at 633d Air Base Wing Legal Office. He said not having either document can make a bad situation more difficult due to medical privacy laws.

"It's not a part of the will," Captain Morley said. "The will is about transferring wealth. This is about making sure you're taken care of while you are still alive, but are incapacitated,"

Michelle Clougher, Air Combat Command Public Affairs Internal Division chief, said she and her husband both have a healthcare power of attorney.

"We have one so time is not wasted in making a decision," Mrs. Clougher said. "It expedites our medical care."

The advanced medical directive is part of the will worksheet. Captain Morley stressed the importance of having a will to avoid problems with an estate after one has passed away.

If a person does not create a will, it is important to get the advanced medical directive or healthcare power of attorney.

"Without that, we've seen this happen at this office; things can become very, very difficult for the family that is trying to take care of the individual," Captain Morley said.

Working alongside an advanced medical directive is the general durable power of attorney. This document allows you to appoint an agent to make financial decisions on your behalf if you are incapacitated.

"Those are about eight or nine pages each, and they're durable, meaning they last the length of your incapacity and they take effect only in the event you become incapacitated," Captain Morley said.

These products are not to be confused with a living will.

A living will is a short document, but part of an advanced medical directive. It is used in the event of brain death and no hope of recovering.

"A living will ahead of time says that you have thought about this already, understand the risks and want treatment to be withdrawn and nature being allowed to take its course," Captain Morley said.

Mrs. Clougher and her husband differ on the living will. She has one, but her husband does not.

"My family doesn't need to make those decisions. I know how I feel," she said. "I don't want my family to visit me in that condition and say, 'She looks good today.'"

Mrs. Clougher knows that making a decision for her husband would be difficult, knowing that he does not have one.

"Hopefully, I can convince him to get one, but it is his decision," she said.

Having this document ahead of time makes it easier for family during that difficult time because the course of action chosen has been thought about and the risks were understood.

For more information on preparing these important documents, people can contact their base legal office. Paralegals and support staff can provide worksheets and notarization, and attorneys are available to discuss products and offer guidance.