New research shows that communication with patients who have fallen into 'vegetative state' has become possible. Researchers have used brain scans on patients with devastating brain damage to watch the reactions of the brain when they were asked questions. The scientists were able to distinguish a 'yes' from a 'no' on the picture of an MRI-machine. Those are the basics. If you are interested in the details, I recommend this article in the British Telegraph.
But does this medical breakthrough make living wills (aka advance health care directives) and durable powers of attorneys dispensable? The answer is clear-cut. The new science cannot substitute these very basic elements of estate planning. Both, living will (see here for further information) and durable power of attorney (see here for further information) are legal instruments that are set up for the sad moment a person becomes mentally incapacitated. It allows an agent to act on behalf of the principal or make medical decisions for him because he is no longer able to act or express himself. Despite the breakthrough, it is not clear yet, whether a person in vegetative state can make sound decisions. Furthermore the new technology doesn't enable the patient to look after his financial duties. Therefore the new technology does not substitute the aforementioned legal instruments.
It is thus still highly recommendable to have a durable power of attorney and a living will for the event that you become suddenly and unexpectedly incapacitated. If your estate plan contains the required documents, there is no need to worry, but if not it is time prepare the necessary documents. If you don' t like doing this yourself, ask your local estate planning attorney.
If you would like assistance with the preparation of a durable power of attorney or an advance health care directive or if you have other questions about your estate plan please contact our office at 1-800-303-2964. I am located at 1990 North California Blvd., Walnut Creek, California 94596. I have additional offices in Fairfield, Oakland, and Sacramento. I offer free initial consultations. For further reference see my website (www.rinnelaw.com).
