Biting-off more than I can chew?

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lucky1thanx

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I have a few questions. Key issues: executor, living will, normal will, open lawsuit future award to go to physicians and children, making arrangements.

Sorry for the long post.



Here's the scenario. I am a chiropractic physician and have made friends with, and even taken-in a woman diagnosed with leukemia. Original diagnosis was at 17 y.o., she's now 31 y.o., She has been "given" 6-9 months to live without treatment (that's up about now) and has already gone through chemo, radiation and surgery. She has now completely, 100%, shunned all orthodox treatment in favor of only alternative approaches to her care. She knows she'll either make it, or not – and that's the Zen of it.

Now, me and my girlfriend are doing everything in our powers to help her heal and/or to make her possible last days the best they can be. I am not making any outrageous claims like "chiropractic holds the cure for cancer," yet I ~am~ doing my best to research her case and to deliver to her whatever she wishes...from wheatgrass juice and good music to stimulating conversation and even dog care.

I am also treating her for a recent car accident.

In the spirit of "prepare for the worst, and expect for the best," I am taking steps to prepare for the worst. I am looking for direction and protection. I'll try to form the concerns I have into questions.

Executor.

The patient knows that leukemia may win and, to avoid any appearance of impropriety, is interested in making my girlfriend the executor of her estate. Any problems with this? How can I make this go smoothly? –a simple will vs. no will?

Estate.

She has a computer, minimal clothes, a camera, a dog, no money, no other property; she does have a personal injury case that has not even really been initiated. All care for the motor vehicle accident (MVA) has, to date, been "on assignment" and includes acupuncture, chiropractic, hospital emergency room, urgent care, an MD, drugs and radiographic studies. The car accident was in June 2004 (WA State) and there is no question of fault as the other woman that hit the patient was cited and admits it was her fault. MVA cases do not typically settle for a year or more. She may not have that long to live. How do I help ensure that all providers are provided for? Like, what if she dies before her case is settled or even started? Do all the doctors wind-up with a bad debt that is simply written-off, or can we make some provision now for that eventuality?

Should she die, the patient wants her social security to go to her children. I suppose some calls to the Social Security Administration will suffice, but, do we need a letter or something from the patient? (Of course, the story is more complicated: the patient does not know the whereabouts of her minor children due to a legal mix-up with no-contact orders, and the ex-military ex-husband having moved to parts unknown.)

What about her cremation or whatever other arrangements need to be made? Will having a will and appointing an Executor make all that go smoothly? Who pays?

How do I make sure that all the care providers, including me, get paid from the personal injury case?


Living will.

Should I have her sign a letter stating that she refuses orthodox care so that I am protected from not driving her to a hospital if she starts to fade? (I took her blood pressure the other day and ~I~ almost passed out seeing such low numbers!) At what point do I ignore her stated wishes and call 911? Does a living will cover these scenarios? How do I protect myself, (her friend and physician), from some potentially angry family member accusing me of withholding proper care?

What else should I do now?

What else should I ask that I am unaware of?

Is there a book on this somewhere on all this, or maybe a checklist?

It is challenging to focus on healing and visualizing what we DO want in the face of a monster like leukemia and a dire prognosis as well as potential legal issues looming.


I eagerly anticipate all suggestions, ideas and replies.

Doing the best I can for her.

And counting my blessings,

"Lucky1thanx"
 
This forum cannot give all the answers to a legal case and you have a huge list of questions. Since there are some interesting areas you mentioned I would advise you to talk to an attorney and have her talk to an attorney. I guess the best thing for her would be to set up a will, a living will and other regulations for all eventualities. All the details mentioned in your post would be taken care of in those documents.

As for you, you might want to avoid any appearance of impropriety in this case, especially if you will be named in the will and inherit. You should talk to a lawyer, too, to avoid certain pitfalls which in other cases have gotten the caretaker into serious trouble, for example questions about bill paying.
 
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