Volume 7 Issue 14_Sun Bay Paper

Dear Doctor: My Type A husband, who naturally falls asleep for about 25 minutes on weekend afternoons, complains that he's wasting time when he does so. How do I explain to him the benefits of napping? Dear Reader: Millions of people throughout the world take a daily nap. In many cultures the afternoon sleep break is built right into everyday life. Businesses close shop and everyone heads home for lunch and a bit of shut-eye. Here in the goal-oriented United States, though, napping carries a bit of stigma. It sounds as though your husband has internalized that feeling, which is too bad because you're correct -- a daytime nap is often a good thing. Studies show that napping does more than just reduce fatigue. It can elevate your mood, improve productivity and make it easier for you to learn and retain new information. However -- and this is where things get a bit tricky -- not all naps are equally beneficial. It turns out that what time you nap and how long that nap lasts make a difference. A nap as brief as 10 minutes and up to 30 minutes can leave you feeling energized. Sleep much longer than half an hour and chances increase that you'll wake in a mental fog. The reason for all this is that sleep is quite complex. Not only are there several different stages of sleep, they occur in distinct cycles. When you first drift off, you move from light sleep, from which you can awaken easily, into stages of ever-deeper sleep. Your brain waves and even your brain chemistry change. It becomes progressively more difficult to awaken. People in the stage known as "deep sleep" show no muscle or eye movement. The other stage of sleep is known as REM sleep, which is short for "rapid eye movement." This is the cycle during which you dream, and in which the brain registers significant electrical and chemical activity. Fall short on REM sleep and it's quite possible you'll wind up feeling cranky or irritable. Which leads us back to the question of optimal napping. First -- what time to close your eyes. Sleep experts agree that mid-afternoon is optimal. Your body clock is naturally primed for a break, and it's far enough away from bedtime so as to not interfere with your night sleep. Next, the reason why a brief nap feels best. It takes about 90 minutes for your body (and brain) to go through a complete sleep cycle. Sleep too little and you've barely grazed the surface of light sleep. Sleep too long and you're swimming up from the groggy depths of deep sleep. Aim for 20 to 30 minutes, which puts you into the earliest stages of REM sleep and lets you wake up easily, feeling refreshed. For the best naps, choose a location that's dark and quiet. Lying down results in better sleep than sitting or reclining. Setting an alarm will let you relax into your nap and assure that you'll wake up before deep sleep takes hold. When you wake up, take a moment to stretch and take a few deep breaths. And enjoy. A good nap is one of life's real pleasures. A power of attorney can be broad or limited in its scope. In other words, you may use a power of attorney to authorize someone to act as your agent only for certain specified matters. Conversely, you can sign a more general power of attorney that allows your agent to make pretty much any decision that you could otherwise make for yourself. It is also important to note that there are different types of powers of attorney. For example, a health care surrogate is, as the name suggests, someone authorized to make decisions related to your health care. Such a document does not, however, necessarily permit the agent to make other business or legal decisions for you. Court: Health Care Surrogate Not Authorized to Sign Arbitration Agreement This is a critical distinction, as discussed in a recent decision from the Florida Fourth District Court of Appeal, Manor Oaks, Inc. v. Campbell. This case actually addresses a nursing home's alleged role in the death of a former resident. The decedent's estate sued the nursing home in Florida state court. The nursing home then moved to compel arbitration of the estate's dispute, citing an arbitration clause contained in the admission paperwork signed by the decedent's then-health care surrogate. As the Fourth District explained, the health care surrogate document stated its authority was limited to “health care decisions.” The Court said this qualified as a “limited, rather than broad” grant of authority to the surrogate. Indeed, “The entire focus of the Document concerns matters pertaining to health care decisions” and not “business decisions regarding dispute resolution.” And given that Florida courts are required to “strictly” interpret a power of attorney to reflect the “intent of the drafter,” the Fourth District here concluded the health care surrogate was not authorized to sign an arbitration agreement on behalf of the decedent or her estate. The appeals court noted this interpretation was consistent with the provisions of the Florida Statutes governing health care advance directives. State law defines a “health care decision” to encompass matters such as granting or withholding consent to medical procedures, applying for benefits to pay for medical care, and the decision to make anatomical gifts. Nothing in the statute, however, states a health care decision covers “the ability to determine the forum in which disputes arising from health care decisions are to be resolved.” Put another way, an arbitration agreement is unrelated to the actual provision or withdrawal of health care to an incapacitated patient. You should never sign any health care surrogate or power of attorney without carefully reviewing all of its terms. The wrong language may end up granting your agent more power than you intended–and by the time something goes wrong, it will be too late for you to do anything about it. That is why you should work with an experienced Fort Myers estate planning lawyer. Contact the Kuhn Law Firm, P.A., at 239-3334529 today to schedule a free confidential consultation with a member of our estate planning team. Understanding The Scope Of A Florida Power Of Attorney ASK THE DOCTORS AMid-Afternoon Nap Is One of Life's Great Pleasures Eve Glazier, M.D., MBA, and Elizabeth Ko, M.D. Sun Bay Paper Available Do you like this News Paper? Interested in having your own Franchise in your hometown or in taking over this one? 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