March 6, 2025 • 8 mins
Unlock the secrets of estate planning beyond the basics and learn how to protect your healthcare wishes in our latest episode featuring Mark Reckman from Wood and Lamping. With Mark's expertise, we shatter common myths about living wills, durable powers of attorney, and healthcare directives, revealing how these documents are crucial for navigating the complexities of medical care during terminal illness. Discover the truth about living wills and the dedicated commitment of healthcare professionals to patient care, ensuring that your decisions are honored when you're unable to voice them yourself. We also tackle the vital constitutional right to die, emphasizing the consistency of these rights across the tri-state area.
Navigating family dynamics in healthcare decisions can be challenging, but it doesn't have to be. Join us as we highlight the emotional and ethical intricacies families face without prior guidance about their loved one's healthcare preferences. Mark Reckman brings valuable insights into why discussing advanced healthcare directives is an act of love, alleviating the emotional burden from family members who might otherwise rely on assumptions about a patient's values. We stress the importance of appointing a reliable healthcare proxy, someone who can make impartial decisions when it matters most. Tune in to ensure that your healthcare wishes are respected and that your loved ones are spared from the agony of guesswork.
Navigating family dynamics in healthcare decisions can be challenging, but it doesn't have to be. Join us as we highlight the emotional and ethical intricacies families face without prior guidance about their loved one's healthcare preferences. Mark Reckman brings valuable insights into why discussing advanced healthcare directives is an act of love, alleviating the emotional burden from family members who might otherwise rely on assumptions about a patient's values. We stress the importance of appointing a reliable healthcare proxy, someone who can make impartial decisions when it matters most. Tune in to ensure that your healthcare wishes are respected and that your loved ones are spared from the agony of guesswork.
Mark as Played
Transcript
Episode Transcript
Available transcripts are automatically generated. Complete accuracy is not guaranteed.
Speaker 1 (00:04):
You're listening to simply money and presented by all Worth Financial.
I mean you Wagner along with Bob Sponseller. When someone's
in my office, one of the first questions I asked
them is do you have a state planning taken care of?
And sometimes they'll respond with yes, I have a will,
and I'm like anything else and we're like, well, that's
the state planning. Uh uh uh Powers of attorney advance.
(00:25):
Healthcare directives also critical pieces of that puzzle. Joining us
tonight is our estate planning expert from the law firm
of Wood and Lamping, Mark Reckman, talking to us about
healthcare directives and a lot of myths. I think things
that people get wrong because they don't understand what these are,
how they work, why you need them.
Speaker 2 (00:45):
Well, that's exactly right. And if there's ever an area
in which we'd like to clear up any misconceptions, this
is it, because this is important stuff.
Speaker 1 (00:53):
Yeah, let's jump into this. What do we need to
know first and foremost? What is this? How does it help?
Speaker 2 (01:01):
Well, let's define a couple of terms before we go on.
A healthcare directive is a piece of paper. It's a
generic term for any document that gives instructions about your
health care, whether it's take care of me or don't
take care of me. A living will is a document
in which you state your wishes about specifically about life
sustaining treatment. It may say keep me alive, it may
(01:25):
say let me go. A living will applies only to
people who are terminally ill, and we'll talk a little
bit about that later on. And the last document, the
last term we need to understand is the durable power
of attorney for health care. And this is a document
in which you appoint someone else to enforce or to
implement your instructions your wishes about terminal illness.
Speaker 1 (01:48):
So three documents, and you're saying we need all of them.
Speaker 2 (01:52):
Well, the first two are one document. They're called different
things in different states. Okay, a healthcare directive is a
living will is a kind of healthcare directive. There are
other kinds, but they have all different terms. It's kind
of a funny.
Speaker 3 (02:05):
Thing, hey, Mark, Amy, and I could tell you know,
stories for hours about experiences with clients in this area,
but I'm interested in what you see most common in
your actual law practice. The misconceptions people have or just
the areas that they thought were addressed and were not
that you find yourself having to clean up to get
(02:27):
everything in order for people.
Speaker 2 (02:29):
You know, probably the most common misinformation that I hear
is that people think that if I have a living will,
that the healthcare system is going to let me die
before my time. And it is very clearly not the case.
I've been doing this a long time. I've made this
decision about nine or ten times in my own family.
(02:51):
I've seen this decision made dozens of times with clients.
The healthcare system in the Tri State area is very
good about this, and I think, you know, when you
think about why people get into healthcare, doctors and nurses,
you know they are there because their goal is to
help and treat people. Anytime they lose a patient, it
is you know, there's a sense of failure that goes
(03:13):
with that for many people. And so this notion that
doctors and nurses are letting people die prematurely or participating
in early death, I have never seen even a hint
of that, And that's a very broad misconception. Having a
living will does not mean that doctors and nurses are
going to treat you less or treat you differently. It
(03:35):
only applies in Ohio. There is a very specific definition
and it only applies if you're terminally ill and terminal ill.
Terminally ill means that you are likely to die within
a relatively short period of time, and that's defined in
the statute and it's enforced by ethics committees in all
(03:55):
the major hospitals share in the Tri state area.
Speaker 3 (04:00):
Are things any different on the other side of the
river for our folks in northern Kentucky in the state
of Kentucky.
Speaker 2 (04:05):
No, the whole Tri state area really follows. There are
different laws, There are different statutes in each state, but
the application, the implementation is the same. And what I
will add is that the statutes in the states don't
create the right to die. The right to die is
in the Constitution. All fifty states have a right to die.
(04:25):
Every American can choose his moment of death if if
it's done properly and according to the Constitution. The individual
states merely specify what the document should look like, and
so the right to die doesn't come from the state.
It comes from the Constitution. The state simply says, this
is the piece of paper you should use, and here's
how these decisions will be made in our state. And
(04:48):
the tri State area. All three states work very similarly, Mark.
Speaker 3 (04:52):
Will you share then, the importance in your opinion as
in a state planning experience, professional and attorney? Why it
is so important for people to have a durable power
of attorney for health care or a healthcare proxy? Why
is that critically important?
Speaker 2 (05:10):
Well, a power of attorney for healthcare is a document
that gives the person of your choice the right to
implement your decisions. Now, to be clear, the power of
attorney for healthcare only applies if I am unable to
speak for myself. So as long as I'm conscious, as
long as I'm capable of making decisions, power of attorney
for healthcare does not kick in. It only kicks in
(05:31):
if I'm unable to speak for myself, which means, of course,
that's probably the most important time for someone you trust
to be in charge of your healthcare decisions.
Speaker 1 (05:41):
And I think market's also thinking through who that should be.
Maybe someone who can stay a little unemotional during an
emotional time, right, someone who can have a clear level head.
Speaker 2 (05:54):
Well, I think that's exactly right, Amyan. And what I
have told my clients over the years is someone who
is available and when I say available, I really mean
two things. I mean available in the sense that they
can be easily reached, but I also mean available in
the sense that they're emotionally available to make these kinds
of decisions, that they're mature, they're respectful. Because this is
(06:17):
not easy and it's not fun, and if you have
someone who is very, very jittery, you may not get
the wishes that you may not get the treatment that
you want.
Speaker 3 (06:28):
Hey, Mark, one final question I have. How complex in
reality are these documents. I think there's a misconception out
there that these are so complex and expensive to draft
and all that, and people just avoid them.
Speaker 2 (06:40):
That's not really the case, right, it's really not. In
all three states here in the tri state area, the
state offers forms that they have approved. Now, to be clear, guys,
you don't have to use the state form. Any kind
of written document is enforceable if it's witnessed or notarized.
But these forms are available in all three states in
(07:01):
a pre printed form approved by the state legislatures. They're
easy to use. You just need to be sure that
you sign them in the presence of two witnesses or
a notary mark.
Speaker 1 (07:12):
We've got a little bit like a minute here left,
and I just want you to kind of end with
the worst case scenarios of when people don't have these
what do you see happening in families, Well.
Speaker 2 (07:23):
What happens is that people have to substitute their own
judgment for the judgment of the patient. And this is
awkward because many families have disagreements about that. Having said that,
what the law is very clear about is that if
I have to make this decision for my wife, or
my brother, or my parents, I am required to use
(07:44):
my brother's judgment his standards, not mine. Same with my
wife or my children. And that's a typicult concept because
to separate how this affects me versus what my wife
really wants is difficult, which is why it's important to
have kind of conversation. If you don't have the conversation,
then we are required to make that decision based on
(08:06):
what we have seen of them and what our impressions
are of their wishes, based on their ethics, maybe their religion,
or whatever the case may be.
Speaker 1 (08:15):
And that's a tough decision to put your loved ones.
And so understand that having these advanced healthcare directives is
actually an act of love for your loved ones. Great
perspective is always from our state setting expert Mark Rerekman
from the law firm of Wood and Lamping. You're listening
to Simply Money, presented my all Worth Financial here in
fifty five KRC the talk station
You're listening to simply money and presented by all Worth Financial.
I mean you Wagner along with Bob Sponseller. When someone's
in my office, one of the first questions I asked
them is do you have a state planning taken care of?
And sometimes they'll respond with yes, I have a will,
and I'm like anything else and we're like, well, that's
the state planning. Uh uh uh Powers of attorney advance.
(00:25):
Healthcare directives also critical pieces of that puzzle. Joining us
tonight is our estate planning expert from the law firm
of Wood and Lamping, Mark Reckman, talking to us about
healthcare directives and a lot of myths. I think things
that people get wrong because they don't understand what these are,
how they work, why you need them.
Speaker 2 (00:45):
Well, that's exactly right. And if there's ever an area
in which we'd like to clear up any misconceptions, this
is it, because this is important stuff.
Speaker 1 (00:53):
Yeah, let's jump into this. What do we need to
know first and foremost? What is this? How does it help?
Speaker 2 (01:01):
Well, let's define a couple of terms before we go on.
A healthcare directive is a piece of paper. It's a
generic term for any document that gives instructions about your
health care, whether it's take care of me or don't
take care of me. A living will is a document
in which you state your wishes about specifically about life
sustaining treatment. It may say keep me alive, it may
(01:25):
say let me go. A living will applies only to
people who are terminally ill, and we'll talk a little
bit about that later on. And the last document, the
last term we need to understand is the durable power
of attorney for health care. And this is a document
in which you appoint someone else to enforce or to
implement your instructions your wishes about terminal illness.
Speaker 1 (01:48):
So three documents, and you're saying we need all of them.
Speaker 2 (01:52):
Well, the first two are one document. They're called different
things in different states. Okay, a healthcare directive is a
living will is a kind of healthcare directive. There are
other kinds, but they have all different terms. It's kind
of a funny.
Speaker 3 (02:05):
Thing, hey, Mark, Amy, and I could tell you know,
stories for hours about experiences with clients in this area,
but I'm interested in what you see most common in
your actual law practice. The misconceptions people have or just
the areas that they thought were addressed and were not
that you find yourself having to clean up to get
(02:27):
everything in order for people.
Speaker 2 (02:29):
You know, probably the most common misinformation that I hear
is that people think that if I have a living will,
that the healthcare system is going to let me die
before my time. And it is very clearly not the case.
I've been doing this a long time. I've made this
decision about nine or ten times in my own family.
(02:51):
I've seen this decision made dozens of times with clients.
The healthcare system in the Tri State area is very
good about this, and I think, you know, when you
think about why people get into healthcare, doctors and nurses,
you know they are there because their goal is to
help and treat people. Anytime they lose a patient, it
is you know, there's a sense of failure that goes
(03:13):
with that for many people. And so this notion that
doctors and nurses are letting people die prematurely or participating
in early death, I have never seen even a hint
of that, And that's a very broad misconception. Having a
living will does not mean that doctors and nurses are
going to treat you less or treat you differently. It
(03:35):
only applies in Ohio. There is a very specific definition
and it only applies if you're terminally ill and terminal ill.
Terminally ill means that you are likely to die within
a relatively short period of time, and that's defined in
the statute and it's enforced by ethics committees in all
(03:55):
the major hospitals share in the Tri state area.
Speaker 3 (04:00):
Are things any different on the other side of the
river for our folks in northern Kentucky in the state
of Kentucky.
Speaker 2 (04:05):
No, the whole Tri state area really follows. There are
different laws, There are different statutes in each state, but
the application, the implementation is the same. And what I
will add is that the statutes in the states don't
create the right to die. The right to die is
in the Constitution. All fifty states have a right to die.
(04:25):
Every American can choose his moment of death if if
it's done properly and according to the Constitution. The individual
states merely specify what the document should look like, and
so the right to die doesn't come from the state.
It comes from the Constitution. The state simply says, this
is the piece of paper you should use, and here's
how these decisions will be made in our state. And
(04:48):
the tri State area. All three states work very similarly, Mark.
Speaker 3 (04:52):
Will you share then, the importance in your opinion as
in a state planning experience, professional and attorney? Why it
is so important for people to have a durable power
of attorney for health care or a healthcare proxy? Why
is that critically important?
Speaker 2 (05:10):
Well, a power of attorney for healthcare is a document
that gives the person of your choice the right to
implement your decisions. Now, to be clear, the power of
attorney for healthcare only applies if I am unable to
speak for myself. So as long as I'm conscious, as
long as I'm capable of making decisions, power of attorney
for healthcare does not kick in. It only kicks in
(05:31):
if I'm unable to speak for myself, which means, of course,
that's probably the most important time for someone you trust
to be in charge of your healthcare decisions.
Speaker 1 (05:41):
And I think market's also thinking through who that should be.
Maybe someone who can stay a little unemotional during an
emotional time, right, someone who can have a clear level head.
Speaker 2 (05:54):
Well, I think that's exactly right, Amyan. And what I
have told my clients over the years is someone who
is available and when I say available, I really mean
two things. I mean available in the sense that they
can be easily reached, but I also mean available in
the sense that they're emotionally available to make these kinds
of decisions, that they're mature, they're respectful. Because this is
(06:17):
not easy and it's not fun, and if you have
someone who is very, very jittery, you may not get
the wishes that you may not get the treatment that
you want.
Speaker 3 (06:28):
Hey, Mark, one final question I have. How complex in
reality are these documents. I think there's a misconception out
there that these are so complex and expensive to draft
and all that, and people just avoid them.
Speaker 2 (06:40):
That's not really the case, right, it's really not. In
all three states here in the tri state area, the
state offers forms that they have approved. Now, to be clear, guys,
you don't have to use the state form. Any kind
of written document is enforceable if it's witnessed or notarized.
But these forms are available in all three states in
(07:01):
a pre printed form approved by the state legislatures. They're
easy to use. You just need to be sure that
you sign them in the presence of two witnesses or
a notary mark.
Speaker 1 (07:12):
We've got a little bit like a minute here left,
and I just want you to kind of end with
the worst case scenarios of when people don't have these
what do you see happening in families, Well.
Speaker 2 (07:23):
What happens is that people have to substitute their own
judgment for the judgment of the patient. And this is
awkward because many families have disagreements about that. Having said that,
what the law is very clear about is that if
I have to make this decision for my wife, or
my brother, or my parents, I am required to use
(07:44):
my brother's judgment his standards, not mine. Same with my
wife or my children. And that's a typicult concept because
to separate how this affects me versus what my wife
really wants is difficult, which is why it's important to
have kind of conversation. If you don't have the conversation,
then we are required to make that decision based on
(08:06):
what we have seen of them and what our impressions
are of their wishes, based on their ethics, maybe their religion,
or whatever the case may be.
Speaker 1 (08:15):
And that's a tough decision to put your loved ones.
And so understand that having these advanced healthcare directives is
actually an act of love for your loved ones. Great
perspective is always from our state setting expert Mark Rerekman
from the law firm of Wood and Lamping. You're listening
to Simply Money, presented my all Worth Financial here in
fifty five KRC the talk station
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