An advance health care directive is an essential document in any estate plan. This document serves as both a health care power of attorney and a living will. Some people believe their family “knows” their wishes and does not want to honor them.
However, what happens when a family member or friend disputes what another person says are your wishes? For example, a widower father might say his children know that he does not want tube feeding.
But what if they do not really know that, or one of the children has a problem with honoring that wish? That is where an advanced health care directive can be a crucial document for resolving disputes among children or family members. Our estate planning attorneys can help ensure your wishes are followed.
Purpose of the Advance Health Care Directive
This question concerns the document’s function as a health care power of attorney. If you are in a car accident or are going in for a routine surgery, your doctors will be able to speak with your agent about your condition, and your agent can make decisions on your behalf if you are not able to. It can override the Health Insurance Portability and Accountability Act (also known as “HIPAA”) to open the lines of communication between the agent and the medical provider.
In light of the frequent litigation among family members over a loved one’s medical care, we have made our advance health care directive as comprehensive as possible. It provides specific directions for specific events and is not a checkbox form. Our estate planning attorneys customize the document for any special instructions for your agent.
How the Directive Functions as a Living Will
If you, as the principal, are in an end-stage medical condition (i.e., terminally ill or in a state of permanent unconsciousness), the advance health care directive gives instructions to your agent on what end-of-life medical treatments and procedures you wish to have or not have.
For instance, you can decide whether you want tube feeding and, if so, for how long. You can direct your agent to ensure your organs are donated for organ transplantation, education, and/or scientific research. You can instruct your agent that in the event of severe brain damage, you want or do not want aggressive medical care.
Contact Us for Assistance
The experienced estate planning attorneys at McMorrow Law, LLC, know the issues that can arise when a person does not have an advance health care directive. Oftentimes, families litigate over who should make medical decisions for a loved one and what those decisions should be.
This can be a costly and painful endeavor for family and friends. If you need to update your living will to a more comprehensive advance health care directive, please contact the knowledgeable attorneys at McMorrow Law, LLC, at 724-940-0100 for a consultation.