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NATIONAL ELDER LAW MONTH

Planning a Living Will/Health Care Proxy (Power of Attorney for Health Care Decision-Making)

I. GOAL

The goal of this project is to establish a day on which senior citizens can walk up to a table, sit down with an attorney, and sign a living will as well as health care proxy (or power of attorney for health care decision-making, depending on your state). The process should take 15 minutes or less per person. Just prior to meeting with the attorney, the senior should review a copy of the living will and an accompanying page explaining the document.

If the above scenario were not possible, an alternative would be to hold a seminar, wherein a living will and health care proxy (or power of attorney for health care decision-making, depending on your state) is discussed. Seniors should be given the form and an accompanying page explaining the form. En mass, seniors should be instructed on completing the form. Several attorneys should be stationed around the auditorium where seniors can then approach individually, so that the form can be reviewed and/or notarized or witnessed according to state requirements.

II. Planning the Living Will Day

1.Form a committee to plan the event. Recruit elder law attorneys through the

local NAELA chapter, and/or your state bar association’s elder law section to act

as volunteers.

2.Coordinate and arrange for locations throughout the state, or in your county or city, where attorneys can be stationed. Contact the local/county/state offices on aging, senior citizen centers, church community centers, hospitals, shopping malls, or the local courthouse.

3.Prepare or utilize a simple living will and health care proxy (or power of attorney for health care decision-making, depending on your state) form that meets your state’s legal requirements. An organization in your state may have already done this. Check to see if you need permission to be reproducing it. The form should be simple enough so that people can just fill in the blanks. There should also be a one-page statement explaining the form, which seniors can read before signing. Individuals must be warned that these documents are very powerful and can be customized to meet individual needs and preferences.

4.Set the date(s) or day(s) for Living Will and Health Care Proxy (or power of attorney for health care decision-making, depending on your state) Day. Have several attorneys at each location. It would be ideal for each attorney to work for two to three hour shifts (or more if they want).

5.At each location, a table should be set up with a sign indicating Living Will and Health Care Proxy (or power of attorney for health care decision-making, depending on your state) Day and the sponsor. Make sure you have enough tables and chairs for the attorneys and seniors to use.

6.Gather enough supplies you will need on that day. Some of the things to take include: pens, paper, paper clips, stapler, pencils, name badges for the

attorneys.

7.The event could be publicized by flyer, local newspapers, newsletters, bulletins, signs, and posters. You should start publicizing at least two weeks before the event. Publicity should increase as the date approaches. You should also send out press releases (see sample press releases found on the National Elder Law Month page on

8.There can also be a simple evaluation sheet for seniors or a survey, (like they do in the malls) for seniors’ reaction to the day. Alternatively, the attorneys can ask one or two questions of the senior after the signing, i.e.:

1.Did you find the form difficult or easy to complete?

2.How did you hear about this day?

3.Do you think it should be done again next year?

9.On the day of the event, contact local newspapers, cable stations, radio stations, etc. for coverage.

LivingWill_10.doc