Preparing for the future is important, but topics such as your end-of-life decisions are difficult. Nonetheless, making these choices in advance for yourself is invaluable for your peace of mind and your family. In an estate planning meeting, you want to ensure you have a healthcare power of attorney and a living will. These documents are also known as advanced directives. Advance directives become essential if you are incapacitated and unable to express your wishes.
You may assume your family is on the same page. But often spouses, parents, and children have opposing views depending on experiences and ages. We encourage clients to consider how much you value independence, comfortability, upholding spiritual beliefs, natural processes, mental alertness or competency, organ donation or research contribution. Knowing your values makes advance directives easier decisions.
Health Care (Medical) Power of Attorney
A health care power of attorney appoints a person you trust to make health care decisions for you. This person could decide whether you have elective surgeries, consent to medication or procedures, or enter hospital / long-term care facilities. Your agent will also decide whether you want life-sustaining treatment consistent with your living will. This person must understand your wishes and be able to uphold them. Even if mom, dad, sister, or brother may disagree.
Living Will – Advance Directives
Your living will indicate instructions concerning artificial nutrition and hydration in the event your condition is terminal. Moreover, it could result in death within a reasonably short time or in the event you are in a persistent vegetative state or permanent unconsciousness. You can select whether or not to have a feeding tube or hydration provided in your living will. Again, the living will is ineffective unless you are incapacitated or deemed incompetent. You may also elect an agent to enforce or revoke this decision on your behalf. However, if you select an agent to serve in this capacity, be sure they can carry out your desires and that you have discussed your wishes with them. They will have the authority to override your efforts to create this document.
You may want to ensure you memorialize your desires for withholding cardiopulmonary resuscitation (CPR), a do not resuscitate order (DNR), a do not intubate order (DNI), etc. Maximum treatment is the default for healthcare providers. Make sure you discuss any of these directives with your attorney.
Contact Hyde Law Firm, P.A. to speak with an experienced attorney regarding these issues at 864-804-6330.