Advance Directive Planning For Healthcare

You may have started thinking about a will and estate planning for when you pass away, but what happens if you become mentally or physically incapable of making crucial decisions for yourself? No one wants to be put into a situation where they are left to make crucial medical decisions for their incapacitated loved one. Developing Advanced Healthcare Directives and a Living Will can alleviate stress on your loved ones by letting them know your wishes for medical treatment.

Advanced Healthcare Directives are written instructions that state your preferences for the medical care you will receive if you become unable to make these decisions. In some states, an advanced directive is simply a form that needs to be notarized. Other states have a more formal process. Ask your healthcare provider or a local attorney to point you in the right direction to fulfill your state's requirements.

States also use different terminology when describing healthcare directives. in some states, they're called Living Wills. In others, an advanced healthcare directive refers to the combination of a living will and a durable power of attorney. Some states break it down even further.

There are a few types of Advanced Healthcare Directives to consider adding to your Estate Plan.

Common Types of Advanced Healthcare Directives

• Living Will
• A Durable Power of Attorney
• Do Not Resuscitate Order
• Organ Donation Form

A Living Will is a type of advanced healthcare directive that documents what life-sustaining treatment you would or would not want to be used to keep you alive. It also documents your preferences for other medical decisions including:

• Pain management
• Medications
• Artificial breathing
• Tube feeding
• Dialysis

Your medical provider will be able to address the different types of end-of-life care treatments that are important to include in your living will.

Each state will have its own requirements to create your living will. As long as you file the correct form, many states will not require a lawyer for this process. A Living Will does not always necessitate a lawyer’s involvement.

Durable Power of Attorney, sometimes referred to as a Medical POA or a Healthcare Proxy, is an individual that you designate to make medical decisions on your behalf in the event that you are unable to do so yourself. Common reasons to need a Durable Power of Attorney include injury, coma, or a terminal illness.

Most states will require this documentation through a legal process involving a lawyer.

Do not resuscitate (DNR) is an order written by your doctor indicating whether you want cardiopulmonary resuscitation (CPR) performed during an emergency. This is typically for patients with a terminal illness or health condition. A DNR form is most commonly filled out with your healthcare provider. They will then document it in your medical chart and give you a card to display in your home or wallet.

An Organ Donation Form specifies whether or not you choose to donate your organs if you were to pass away. In some states, you are able to indicate this on your driver’s license through the DMV. In other states, you may need to fill out a separate form.

In order for an organ donation to occur, the donor will need to be on life-sustaining treatment temporarily to preserve life. An organ donation form lets your family and healthcare provider know your preferences ahead of time by putting them in writing.

The unthinkable can happen to anyone. Unless you have written legal documentation, your medical provider will be forced to use life-sustaining measures to keep you alive despite your wishes or quality of life. An advanced healthcare directive can be beneficial to you and your family.

Document the care that's most important to you so your distraught family doesn't have to second guess your wishes for medical or end-of-life care.

If you'd like to make sure your advanced healthcare directives are legal in your state, you can consult a local expert today.