1. Advance Directives American Judges Association
Annual Meeting – Cleveland, OH
September 12, 2017
Advance Directives
Judge Patricia Banks, (ret.)
Former presiding judge of the Elder Law
and Miscellaneous remedies division of the circuit court of cook county

2. FUTURE OF THE COURTS GUARDIANSHIP/CONSERVATORSHIP
Litigants/demographics
Case Types
Legislation
Financial Institutions
Resolutions-ABA and other Bar Associations
Technological Advances
SUPPORTIVE DECISION MAKING MODEL

3. TYPES OF ADVANCE DIRECTIVES
Health Care Advance Directive (document)/Health Care Proxy/HPOA
Power of Attorney/Durable Power of Attorney for property (PPOA)
Supportive Decision Making agreements
POLST/MOLST/POST
“Physician Orders/Medical Orders for Life-Sustaining Treatment;” “Provider Orders for Scope of Treatment”
Living Will

4. Retention of Individual Rights Supportive Decision Making
Advance directives
guardianships
Least restrictive
Retention of Individual Rights
Supportive Decision Making
Elder abuse
Most restrictive
Loss of Individual Rights
Surrogate in charge
Elder abuse

5. ADVANCE DIRECTIVE - HPOA
Early selection of a health care proxy is the single most important decision you will make about your health care and that a litigant has to make for their loved-one
Reduces the need for guardianships
Lessens critical health decisions made by physicians and hospital ethics committee on your behalf
Decreases family conflicts with reference to health care decisions on your behalf
Prevents elder abuse

6. ADVANCE DIRECTIVE - HPOA
Early and Often: Adhere to the 5 D’s – decade, death, divorce, diagnosis, decline
Conversation with key persons about your health care proxy is crucial
Healthcare practitioners, legal guardian, spouse, children/grandchildren, friend
A proxy without corresponding conversation and reflection is not enough
Full disclosure

7. ADVANCE DIRECTIVE - PPOA
Property Power of Attorney (PPOA)
Agent selected by the Principal manages fiduciary matters and personal property
Principal may limit agent’s power or allow an agent additional powers
Agent must act within scope of his authority
Principal may revoke PPOA but must have capacity to do so
Prevents elder abuse

8. ADVANCE DIRECTIVE - SDM
Supportive Decision Making (SDM)
“A person-centered planning process and a person-driven decision-making process that protects the fundamental human and Constitutional rights of the Person by always including the Person in the decision-making process.” (David Godfrey)
Principles of SDM - concept shifts from surrogate to supporter
In lieu of guardianship
Least restrictive alternative
Enhances case for restoration of rights’, petitions
SDM agreements factored into court review and analysis

9. Legislation Enactment of laws creating additional advance directives
Courts
Financial Institutions
Healthcare providers
Default circumstances
Other entities

10. RESOURCES ABA – Consumer Tool Kit For Health Care Advance Planning
The Conversation Project Starter Kit
org/content/dam/aba/ad ministrative/law_aging/Hea lth_Decisions_Resources.aut hcheckdam.pdf

11. The time to repair the roof is when the sun is shining.
President John F. Kennedy – State of the Union Address, January 11, 1962