Re-cap of Life, Legacy, and Loving Decisions

During this informative session with Attorney Jim Sohan, several key legal documents
were discussed that help individuals prepare for the future and ensure their wishes are
honored. Below is a summary of the topics covered:

Wills and Power of Attorney
Most conversations begin with two key topics: the Will and the Power of Attorney.
 A Will does not take effect until death and can be changed at any time during
your lifetime.
 A Power of Attorney (POA) is a written document that allows you to appoint
someone to make decisions on your behalf if you become unable to do so. This
has been a foundational legal tool for many years.
There are several types of POAs:
 General Power of Attorney: Grants broad powers to manage your affairs.
 Specific Power of Attorney: Limits authority to certain areas, such as real
estate transactions.
 Medical Power of Attorney: Appoints someone to make healthcare decisions
on your behalf.

It’s possible to have both a general and medical POA. Additionally, a Durable Power
of Attorney remains in effect if you become mentally or physically incapacitated. Think
of it as a form of insurance—you hope not to need it, but it’s vital if the time comes.

Living Will and Health Care Surrogate
A Living Will is a legal document that outlines your preferences for medical treatment if
you’re unable to communicate and are in a terminal condition or permanently
unconscious state.
In Kentucky, a Living Will allows you to:
 Designate a Health Care Surrogate
 Request or refuse life-prolonging treatment
 Request or refuse artificial feeding or hydration
 Express your wishes regarding organ donation

If no Health Care Surrogate is appointed, a POA may step in. However, it’s ideal to
select someone yourself, ensuring they will respect your wishes.
The Catholic Church emphasizes that life must be respected and that every person
has a right to life.

⚠️ Important: Talk with your family and physician about your Living Will. The
conversation is as crucial as the document.

Organ Donation and Body Donation
 To donate organs, you must register with the Kentucky Organ Donor
Registry.
 Organ donation is considered charitable when made voluntarily.
 Body donation to science is also possible, though there are disqualifying
factors, including:

o Infectious diseases
o Traumatic death, suicide, or homicide
o Prior autopsy
o Significant obesity or emaciation
o Certain unhealed wounds or prior organ removal

Do Not Resuscitate (DNR) Orders
A DNR is a medical order—signed by a physician—that instructs healthcare providers
not to perform CPR if your heart or breathing stops. A DNR only applies to CPR and
does not affect other treatments such as medication or nutrition.

Special Needs Trusts
Parents or guardians of children with disabilities should consider including a Special
Needs Trust in their estate planning. This ensures continued care without jeopardizing
eligibility for public benefits.
Key elements of a Special Needs Trust include:

 Trust name and purpose
 Beneficiary information
 List of trust assets
 Trustee’s powers
 Distribution guidelines
 Medicaid repayment provisions
 A Letter of Intent to guide caregivers

These documents must be properly signed and notarized in accordance with state
law to be valid.

Final Thoughts
Consider these documents carefully. They may never be needed, but if the situation
arises, having them in place can spare your loved ones from making difficult decisions
and ensure your wishes are respected. We must respect life; everyone has a Right to
Life!

I wanted to extend my heartfelt gratitude to each of you for joining us at our Educational
Event on Life, Legacy, and Loving Decisions. Your presence, insights and enthusiasm
truly made the event special. It was inspiring to see our community come together to
reflect on such meaningful topics.

This is another step in our mission to advocate for the protection of innocent human life,
from conception to natural death.
Sincerely,
Shelly Green
Executive Director