Estate planning is an essential task that every individual should undertake to ensure that their assets are distributed according to their wishes after their death. However, estate planning is not just about what happens after you pass away. It also includes planning for incapacity, which means making arrangements for managing your financial and medical affairs in case you become incapacitated and cannot make decisions for yourself. One way to plan for incapacity is by creating advance directives.
What are Advance Directives?
Advance directives are legal documents that allow you to specify your healthcare preferences and appoint someone to make medical decisions on your behalf if you become unable to do so. These documents include a living will, a healthcare power of attorney, and a do not resuscitate (DNR) order.
A living will is a document that outlines your medical wishes in the event that you become terminally ill or permanently unconscious and unable to communicate your wishes. It specifies the type of medical care you want to receive, such as life-sustaining treatment, palliative care, or hospice care. It also outlines your preferences for pain management, organ donation, and other medical decisions.
A healthcare power of attorney is a legal document that appoints someone to make medical decisions on your behalf if you are unable to do so. This person is called a healthcare proxy, and they will make medical decisions based on your wishes, as specified in your living will, and in consultation with your healthcare providers.
A DNR order is a medical order that instructs healthcare providers not to perform cardiopulmonary resuscitation (CPR) if your heart stops beating or you stop breathing. It is important to note that a DNR order applies only to CPR, and other medical treatments will still be provided if necessary.
Why are Advance Directives Important?
Advance directives are important because they allow you to maintain control over your medical care even if you become incapacitated and cannot communicate your wishes. By specifying your healthcare preferences and appointing a healthcare proxy, you ensure that your wishes are respected and that the medical decisions made on your behalf align with your values and beliefs.
Without advance directives, medical decisions would be left up to your family members or healthcare providers, who may not know your wishes or may not agree on the best course of action. This could lead to conflicts and potentially unwanted medical treatments.
Moreover, advance directives can help ease the burden on your loved ones during a difficult time. By clearly outlining your medical wishes and appointing a healthcare proxy, you relieve your loved ones of the stress of making complex medical decisions on your behalf.
How to Create Advance Directives?
Creating advance directives is a simple process that can be done with the help of an estate planning lawyer. They can guide you through the process of creating a living will, a healthcare power of attorney, and a DNR order, ensuring that your wishes are legally binding and enforceable.
It is essential to review and update your advance directives regularly to ensure that they reflect your current wishes and medical condition. You should also provide copies of your advance directives to your healthcare proxy, your family members, and your healthcare providers to ensure that everyone is aware of your wishes.
Conclusion
Advance directives are an essential component of estate planning, as they allow you to maintain control over your medical care and ensure that your wishes are respected in the event of incapacity. By creating advance directives, you can relieve your loved ones of the burden of making difficult medical decisions and ensure that your medical care aligns with your values and beliefs. Therefore, it is recommended that everyone, regardless of age, create advance directives and review them regularly to ensure that they reflect their current wishes and medical condition.