Legal Brief for March, 2011

Definitions of Words Related to Personal Directives

There are many words and phrases that lawyers will mention to their clients when discussing Personal Directives that they are preparing.  It can become difficult to keep track of what all the terms mean, let alone sort out the relevance to your particular document.  Here is a sampling of common words that you will encounter when getting your Personal Directive prepared.

Agent   - this is the name given to the person who is designated by the maker of the Directive as the person who can make decisions on behalf of the maker.

Capacity   - the state of whether the maker of the Directive is able to understand the information necessary to make decisions regarding their own health care and treatment and related matters, and the ability to appreciate the consequences of those decisions.  A lack of "capacity" allows the agent to invoke the Directive and to begin to make decisions on behalf of the maker of the Directive.

Guideline Instructions   - these are instructions in the Directive as to how the agent is to act in specific situations.  These commonly include "end of life" issues, such as an instruction not to be kept alive by artificial means when the maker is in a coma or vegetative state and has no chance of recovery.  Guideline instructions can be customized to suit the wishes of the maker of the Directive.

Maker   - the person making or granting the Directive.

Personal Decisions   - what the agent is allowed to decide on behalf of the maker of the Directive, and which includes matters relating to health care, accommodation, participation in activities, associating with other people, and in general legal matters that do not relate to financial or property matters.

Don't hesitate to speak up and ask your lawyer to explain any terms or concepts that you may not understand as you are working through the process of getting your Personal Directive prepared.  Your lawyer will be pleased to spend a few extra minutes with you to ensure that you thoroughly understand the concepts involved in this important document in your life.