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LIVING WILLS' NEED SHOWN.


Byline: Brent Brent, outer borough (1991 pop. 226,100) of Greater London, SE England. The area is a rail and industrial center. Its manufactures include automobile parts, clocks and watches, and electrical equipment.  Hopkins Staff Writer

Spurred by the tragic emotions of the Schiavo case Schiavo case, the legal battles over the guardianship and rights of Theresa Maria Schindler Schiavo (1963–2005). Terri Schiavo was incapacitated and hospitalized in 1990, after she collapsed when her heart stopped beating due to a potassium imbalance, and her , families have begun investigating living wills to plan for the future.

To avoid the confusion that surrounds the Schiavo family, pitting spouses against parents, California residents must sign a document known as an Advance Health Care Directive A living will, also called will to live, is one type of advance health directive, or advance health care directive. It is often accompanied by a specific type of power of attorney or health care proxy. . Prior to the headlines and political controversy stemming from the Florida case, few people knew of the process to establish a record of their medical wishes.

Now, estate-planning experts say their clients are finally taking stock of how to prepare for the grim realities facing patients in dire health.

``It's a tragic case and it's a terrible circumstance Circumstance or circumstances can refer to:
  • Legal terms:
  • Aggravating circumstances
  • Attendant circumstance
 for the family,'' said Jerry Gerstenfeld, an attorney in Encino specializing in living wills and trusts. ``If there's any good to come out of it, it's that people are now aware of what they have to do to plan ahead.''

Generally encompassed in a larger estate-planning session, the health care directives can be quickly drawn up by a lawyer - Gerstenfeld uses a detailed form for which he charges around $150. We the People Legal Documents Services offers a $69 do-it-yourself form. The California Medical Association offers $5 forms, which can be downloaded from www.cmanet.org, and offers advice for consumers to write their own.

``People are much more aware of the need for them now,'' said Linda Distenfield, president of We The People. ``We've seen a huge increase in that part of our business, which is good that people are talking about it.''

Though details vary depending on how specific each consumer wants to be, experts agree each directive should designate des·ig·nate  
tr.v. des·ig·nat·ed, des·ig·nat·ing, des·ig·nates
1. To indicate or specify; point out.

2. To give a name or title to; characterize.

3.
 an agent who will be responsible for making their medical decisions when they can no longer do so. The documents should also include information on what level of care they want to receive and instructions on when or if they want to be disconnected from life support. The agent should also know where the document is stored so it can be consulted in times of emergency.

To ensure that the agent and other family members will have access to medical records, lawyers also recommend that people fill out Health Insurance Portability and Accountability Act The Health Insurance Portability and Accountability Act (HIPAA) was enacted by the U.S. Congress in 1996.

According to the Centers for Medicare and Medicaid Services (CMS) website, Title I of HIPAA protects health insurance coverage for workers and their families when
 authorization The right or permission to use a system resource; the process of granting access. See access control.  forms.

``It's something I always want people to take the time to focus on it,'' said Jeff Sydney, an estate planning Estate Planning

The overall planning of a person's wealth, including the preparation of a will and the planning of taxes after the individual's death.

Notes:
Contrary to popular belief, estate planning involves much more than preparing a will, and it is not only for the
 attorney based in Woodland Hills. ``We're talking about your life here, which is more important than money.''

Brent Hopkins, (818) 713-3738

brent.hopkins(at)dailynews.com
COPYRIGHT 2005 Daily News
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 2005, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Article Details
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Title Annotation:Business
Publication:Daily News (Los Angeles, CA)
Date:Mar 29, 2005
Words:413
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