How Can an Advanced Healthcare Directive Protect My Medical Wishes?

What is an Advanced Healthcare Directive?

There are many ways in which we can protect ourselves against receiving medical care that we don’t want or agree with, even when we can’t communicate it to our caregivers. An Advanced Healthcare Directive allows us this protection.

If you become incapacitated in some way, such as after a devastating car accident or the onset of Alzheimer’s, you may not be able to communicate with loved ones or caregivers/medical staff about how you wish to be cared for.

An Advanced Healthcare Directive is a written statement, prepared ahead of time, that documents your wishes and needs. This document can also name a trusted loved one to take control of your medical decisions should you wish.

When Should an Advanced Healthcare Directive Be Created?

If you are over the age of 18, you can create a healthcare directive. According to the University of Missouri’s School of Medicine, “the best time to complete an advanced directive is before it is needed when there is time to consider the options carefully and discuss them with loved ones.”

It is nearly impossible to anticipate future needs, but if you feel strongly about what you will or won’t want regarding care or life-saving measures, creating a healthcare directive is a great way to ensure this.

What is a Living Will?

Sometimes referred to as a “medical healthcare directive,” a living will allow the creator to specify what treatments or interventions they wish to receive or avoid. Living wills aren’t always notarized, but it’s a significant step to take to ensure its effectiveness and alleviate stress for your loved ones.

Some common examples of treatments or interventions may be using a feeding tube or ventilator. If you wish to avoid these options or require that they be used, you can stipulate these wishes within the living will.

What is a Durable Power of Attorney?

A Durable Power of Attorney is a document that names a person you wish to make medical decisions on your behalf should you become incapacitated. It’s essential to notarize this document as well, and you should also take the time to meet with the appointed person (agent) and go over your wishes in detail so they understand your needs/wishes.

The agent can handle things like paying bills, making medical and financial decisions, and more. The principal (creator) may revoke the power of attorney at any time.

Who Should I Discuss My Healthcare Directive With?

It’s important to remember to discuss your healthcare directive with those you love so they are prepared for your wishes, should it come to that. The agent is another person you should consult the paperwork with, so they have a few questions regarding what they will be tasked with. In some cases, the agent is the adult offspring of the principal, but they may choose whomever they wish to handle this responsibility carefully.

Speaking with your preferred medical staff or facility is essential, as they may have questions or want to discuss other options with you. If you can discuss this with them before creating the directive and then follow up with them once it’s complete, this is ideal. If any other questions arise and you haven’t addressed them, you should amend the original directive to include verbiage regarding other care options.

What if I Don’t Have an Effective Advanced Healthcare Directive in Place?

If you choose not to have an advanced healthcare directive, the decisions regarding your care and many other things will be left up to family members, friends, medical staff, or a judge.

If medical staff are tasked with making decisions, they may choose what they feel is best regarding the following;

What medications to provide

What surgeries are best, based on risks

What treatment regimen to proceed with

Who can access your medical information

What happens with your organs after you pass away

Choose your medical staff, such as nurses, caregivers, and more.

Contacting spiritual or religious leaders

Make decisions regarding whether you will pass away at home or in the hospital.

Decide whether you will be buried or cremated.

Choose to do an autopsy for further analysis.

If you have specific wishes or needs regarding the above examples, it’s best that you work with your experienced estate attorney so you have the correct tools in place. You can include many different scenarios regarding the above items so that you and your loved ones have a clear set of expectations regarding your care.

A Trusted and Invaluable Resource

An effective estate planning attorney will review your situation and learn as much as they can about your goals and desires. They will work with you to anticipate needs you may not know you have and effectively plan for them. There isn’t a “one size fits all” approach to estate planning; each legacy is unique and should be treated as such.

Some have a hard time with the concept of planning for the end of their lives, but it can be one of the most caring things you can do for your family and loved ones. You worked hard to create your legacy. Let’s work together to ensure that your loved ones can benefit from your life’s work for years to come.

Contact our office at (314) 347-3567 for your free initial consultation. Our team works both for our clients and with them to protect their interests and desires and secure their future and the future of their loved ones.