Residents get help in east valley with end-of-life documents

Jan Cribbs expected her mother’s companion would be released from the hospital quickly after he underwent surgery more than a decade ago and received a blood transfusion.

“We went to a movie thinking that was all happening,” the southwest valley resident said.

But when the man’s adult children showed up “out of the blue,” they declined to allow him to undergo the procedure, Cribbs said. Under Nevada law, they were were in charge of his health care decisions.

“If you’re in a romantic relationship with someone and you are not married, the family makes those decisions,” said Brian Eagan, an attorney Solomon Dwiggins & Freer. “That person — no matter how long you were with them or if you lived together — that person doesn’t have priority.”

Cribbs’ mother, who was in her 80s at the time, did not have a say because Nevada does not identify common-law marriage. Her companion died that night.

“That would’ve kept him alive,” Cribbs said. “They wanted all his money.”

A couple must obtain a license and enter into a legal marriage to be considered married, according to Nevada law. Some states have common-law marriage laws that take into account how long a couple has been together, among other factors.

The experience prompted Cribbs and her husband, Bill, to attend a recent Free Planning & Pancakes fair at Fire Station 20 in the east valley, where Solomon Dwiggins & Freer attorneys were providing free assistance with completing Durable Power of Attorney for Health Care Decisions forms. Attendees could get their information notarized as well. The trust and estate attorneys offered the service in recognition of National Healthcare Decisions Day, which was April 16, and said they try to hold at least two pro bono events a year.

This was the firm’s first time focusing on Durable Power of Attorney for Health Care Decisions forms. About 15 people completed the legal document at the three-hour fair, legal assistant Austrey Dwiggins said.

“I was surprised by the turnout,” said Dwiggins, who notarized documents at the event. “I didn’t think there’d be that many people that didn’t have the document.”

The legal document allows people to decide whom they want to make their health care decisions if they are incapacitated. A person can provide information on actions they would like to be taken, according to a document provided by the law firm.

Additionally, the document allows for a person to provide funeral instructions and declare whether he/she wants to donate organs. A Durable Power of Attorney for Health Care Decisions document is usually a part of a broader estate-planning document that often includes financial decisions and a living will, the attorneys said.

For people younger than 18, health care decisions are deferred to a parent or guardian, whereas decisions for those 18 or older are deferred to a spouse or children, Eagan said.

“That’s why you want to designate the person you want that you trust to make these decisions,” Eagan said. “You don’t want it to go under the default. Especially, let’s say you’re a widower and you don’t have a good relationship with your children, the last thing you want is maybe a child that you have a bad relationship with in charge of these decisions. It doesn’t have to be a family member; you could designate a very trustworthy friend.”

Attorneys recommend that anyone 18 or older complete the document.

“This is probably one of your most important documents,” attorney Craig Friedel said. “This becomes the start of a good estate plan for someone that’s young.”

A living will, which is included in the Durable Power of Attorney for Health Care Decisions document, provides directions that go directly to a physician and not a selected health care agent, Eagan said. The attorneys said they use both because the power-of-attorney document provides details on unforeseeable circumstances.

Attorneys said many people don’t complete the document because they are not aware of its importance.

“People don’t want to face their own mortality,” Eagan said. “It’s a very uncomfortable situation. … I think a lot of people don’t know about these specific rules.”

Darlene and Frank Doti of the east valley completed their legal documents at the fair.

“We lost our daughter two weeks ago,” Darlene said, tearing up. “She was 52.

“We’re up in age and it’s about time … and we didn’t want to burden our other two daughters.”

Barbara Harris Spruell of North Las Vegas said she heard about the fair in the news.

“It didn’t take that long to do,” she said. “They gave me some good advice.”

Kelly Byrd of the northeast valley said she had already received information about the document when her husband, who had a major stroke, was in the hospital. She was told she needed to have the document notarized.

“I work in Henderson,” she said. “When you get off work, the bank is closed, so how do you get it done? With my age, if anything should happen to me, I want to make sure everything is squared away.”

Contact Kailyn Brown at kbrown@viewnews.com or 702-387-5233. Follow @kailynhype on Twitter.