End-of-life planning is not something people like to think about, but it is important. More than planning a funeral service, preparing for the end of life means defining and sharing how you want to live your last years including the care you want to receive, knowing who you can trust to carry out your wishes, how you want to manage your property and money, where your companion animal(s) will go, and how you want to be remembered after you die.
End-of-life planning is important for many reasons:
Two key areas for planning are handling your medical care and making plans for how you would like your possessions to be managed or given to friends and family. You can learn more about both below.
There are many ways you can plan in advance for your medical care when you can no longer make decisions for yourself due to age, serious illness, injury or disability. An advance directive is a legal document that explains how you want to be cared for. It will only be used if you are unable to speak for yourself. Advance health care instructions may include:
Each of these types of advance directives are explained in more detail below.
One type of advance directive is naming someone you trust to make healthcare decisions for you. This person is called your health care representative. Appointing a health care representative can have several benefits, such as:
Another type of advance directive is a living will or health care instructions. A living will defines medical interventions or life support measures you want or do not want at the end of life. You may also designate in advance a person to supervise your affairs if you are unable to do so. A living will goes into effect only when you are unable to make or communicate your decisions about your medical care. There are important reasons to have a living will, including:
An anatomical gift is the donation of your body or organs to medical science or for transplantation. Keep in mind that unless you state in writing that they may not do so, your family has the right to make an anatomical gift after your death. An anatomical gift can be made in one of three ways:
Register to be a donor at donatelifect.org. You can also complete a document of anatomical gift contained in Your Rights To Make Health Care Decisions.
A conservator is someone appointed by the Probate Court to oversee your financial and/or personal affairs if you become incapable of caring for yourself due to a mental, physical or emotional condition. Conservatorships can be voluntary or involuntary.
There are two types of conservatorships. A conservator of the person takes care of an individual’s personal needs, which may include such things as food, shelter and safety. A conservator of the estate takes care of the individual’s finances, which may include income, asset management and public assistance benefits. One person may be named to handle both roles.
Connecticut law requires that conservators comply with your advance directives and follow the instructions of any person whom you have already chosen to make your health care wishes known.
The advantage of appointing a conservator is that it will help a court follow your wishes, unless it finds the appointment of the person you chose is not in your best interests or the person you chose is unable to serve.
A Medical Order for Life Sustaining Treatment (MOLST) is a voluntary medical order form similar to a prescription based on a person’s right to accept or refuse medical treatment, including treatment that may extend life. For example, it may contain instructions telling emergency medical personnel and other health care providers not to administer CPR in the event of a medical emergency.
A MOLST also includes directions about life-sustaining measures and can be an important tool to help medical providers understand your wishes at a glance. These forms are for people who are terminally ill, and signing one requires discussions between the individual and their MOLST-trained physician, nurse practitioner or physician assistant. Once signed, the document stays with the individual across all health care settings.
It is important to understand that a MOLST is not a substitute for an advance health care directive such as a living will or appointing a health care representative. These are legal documents that are only effective if the individual can no longer make or communicate choices about their health. MOLST forms are effective immediately upon signing.
For more information about MOLST forms, go to the Connecticut Department of Public Health’s website.
Advanced Care Planning: A Conversation Guide is a toolkit from the National Institute on Aging to help you prepare and plan.
Five Wishes is a national advance care planning program.
The Conversation Project offers free guides to help you talk with your loved ones about wishes for care through the end of life.
Further Reading
A will is a legal document that spells out how you want your personal affairs handled and your assets distributed after your death by a person of your choosing (executor). While it’s always best to talk to an attorney, simple wills can be prepared with do-it-yourself forms. These types of wills can be found online. If you don’t have a will, state law tells the Probate Court how to distribute your assets, which may or may not be what you would have wanted.
A living trust transfers ownership of your assets into a trust while you are still alive and outlines how you want your property managed for the benefit of yourself, dependents and survivors. The trust is handled by someone you have chosen (trustee). A lawyer should always prepare living trusts. If assets are placed in a living trust, they do not go through probate upon your death, as they do with a will.
Choosing between a will or living trust, or using both, is a personal decision that should be made in consultation with your attorney and possibly family members.
Probate is a legal process administered by Probate Courts located in most municipalities to direct and oversee the payment of your obligations and distribution of your assets, including personal property, financial assets and real estate, when you die. The court determines whether your will is valid; oversees the payment of your obligations, and inventories and appraisals; and gives notice to creditors, including the State of Connecticut, which may make claims on your assets and distribute remaining assets according to your wishes. If you do not have a will, the court will distribute your property to creditors and heirs according to state laws.
Advance Directives
Download for information and instructions on planning your care, including forms for appointing a health care representative and a complete living will.
MyPlaceCT.org is a free web-based resource designed to help older adults and people with disabilities live with optimal independence, health and well-being. MyPlaceCT.org is sponsored by the Connecticut Department of Social Services in collaboration with partner state agencies and the Centers for Medicare & Medicaid Services.
©2021‒2024 Department of Social Services. All rights reserved.
