It’s certainly not unheard offor an older employee to return to work after a serious illness orterminally ill employees to return to work to regain a semblance ofnormalcy. In situations like these, it’s always to the benefit ofboth employee and employer to be prepared for decisions affectingtheir wellbeing, treatment and care. Yet so few people evertalk about or write down how they want those decisionsmade.

Although in your role asbenefits advisors, the topic of living wills may not frequentlycome up, considering the growing number of terminally ill employeesreturning to work, it makes sense for you to be educated on advancedirective documents and be able to wisely advise your clients inthis area.

In broad terms, an advancedirective is any document that allows a person to state in advancehow they wish to be treated if they are unable to make thosechoices themselves. The most common advance directive is aliving will. Contrary to what many people think, living wills donot have to limit treatment or “pull the plug;” they can also beused to request every medical interventionavailable.

Also, if someone is conscious,capable of making decisions, and able to sign permission forms,there is no need to consult the living will. Living wills only takeeffect when a patient is unconscious, demented, or otherwiseincapable of making their own decisions.

The living will should be theclearest description possible of the person’s desires. People oftenlist their wishes based on various situations, as they may wantdifferent treatments if imminently dying of cancer or when in acoma from which recovery is likely.

The advantages of livingwills:

1. They keep people in greater controlof their lives and deaths, even in cases where they are unable tospeak for themselves.

2. They can promote honestconversations within families.

3. They can help prevent legal battlesand courtroom fights.

4. Survivors of a loved one’s deathgrieve with fewer regrets and guilt when they do not have to maketreatment decisions without clear instructions from the dyingperson.

Common problems of livingwills:

1. Only a small percentage of peoplecomplete one, and when they do, 62 percent do not give copies toanyone. A living will kept in a safe deposit box or desk drawer isinaccessible when decisions need to be made.

2. The perspectives of a healthy,active person can change dramatically when they actually becomeill, and too few people update their documents as they age ordiminish.

3. Living wills are not legallybinding upon health care professionals, and uninformed familymembers sometimes override them. Family should be informed of theperson’s desires, so they can support those desires with medicalproviders.

4. Each state has their own form, soclients who use the standard living will must complete the formfrom their state of primary domicile.

But just because there are anumber of valid concerns about living wills doesn't mean thatfinancial advisors should discourage their clients from creatingthe documents. Instead, they should:

1. Strongly encourage clients to writetheir desires in as clearly and specifically as possible.

2. Consider giving clients a livingwill form that names a healthcare proxy, and has additionaldirectives such as which comfort measures a person desires in theirroom (music, lighting, blankets, religious items), what messagesthey would like to leave with loved ones, and their wishes forservices.

3. Schedule a follow-up to ensureclients complete a living will, and that it is properly signed andnotarized.

4. Guide clients to distribute copiesto their family members and to any person or institution involvedin their care, including primary doctors, specialists, nursinghome, rehab center, and hospitals. Offer to keep a copy inthe client’s files at your office, in case a family member needsone and cannot locate it.

5. Add the updating of all advancedirective documents to the agenda for annual review meetings so theclient’s wishes are kept up to date.

When people are educated aboutliving wills, it eases their fears that someone else will dictatetheir medical decisions. It keeps them in greater control and takesa burden off their family members. And, it encourages them tohave valuable discussions with those they love.