Representation

• Your health care representative is the person or persons in whom you are vesting decision-making power should you become incapacitated or die. Typically, people designate a spouse or child and give them all powers, but some decide to split authority among multiple people. For instance, if you want your spouse to make medical decisions for you, but would prefer your accountant to make financial decisions, you can split the authority. In legal terms, the person who manages your affairs and makes decisions is called a "guardian," while the person who manages your estate and finances is called a "conservator."
  
  

HIPAA Release

• One of the most important components of a living will is a Health Insurance Portability and Accountability Act (HIPAA) release form, which permits doctors to provide information to named recipients about your health. Because the powers designated in living wills typically take effect after your incapacitation, your health care representative will be required to prove your incapacity to third parties. Without a HIPAA release, she will not have the information necessary to provide this proof, and will not be able to act on your behalf.
  
  

Instructions

• The living will also permits you to outline your specific health care wishes. A typical health care instruction form lists several possible conditions, such as "permanently unconscious," "advanced progressive illness" or "close to death," and then allows you to choose from several possible health care decisions, such as whether to receive tube feeding or other forms of life support. The instructions also typically include your preference about where you receive care---for instance, in a hospital or at home. Ensure that your health care representative has a copy of this document and understands what your choices mean.
  
  

Remains

• A statement describing your wishes for the disposition of your remains is also usually included in a living will. A separate person can be named to handle this step, or you may decide to appoint your health care representative. The document may be as simple as vesting in your chosen person the power to make decisions on your behalf, or may include a plan for how you would like your remains to be disposed of. If you have a family burial plot, or have purchased a plot, you should specify that.