Advance directives are legal documents that contain specific instructions on how you want your medical care to proceed if you cannot communicate your wishes. Before creating an advance directive, you need to plan for any advance care. This consists of discussing and preparing for future decisions regarding your medical care in case you become seriously ill or are unable to communicate your wishes.
For preparing purposes, it is useful to have consistent dialogue with your loved ones regarding your aftercare preferences. Many people decide to draft their preferences in writing by completing legal documents called advance directives.
The living will and the durable power of attorney are considered the two major advance directives for health care. Below is a brief description of what both these documents entail:
- A living will: A living will is a legal document that informs physicians about how they want to be treated if they cannot make their own decisions regarding emergency treatment. In a living will, you can specify the medical treatments that you prefer and the medical treatments you want to avoid and;
- A durable power of attorney for health care: A durable power of attorney for health care is a legal document that appoints your health care proxy. This individual will be responsible for making health care decisions on your behalf. They are also referred to as your health care agent and can be useful in emergencies regarding your health.
One way to think about the advance directives is as a living document that you can modify as needed. After a major life event that impacts your health, you can decide on the terms again and revise them.
What Happens if You Do Not Have an Advance Directive?
If you are unable to provide an advance directive to make decisions on your own, the residing state regulations will influence your medical treatment. Generally, the decisions will come down to your spouse, child, parents, and other family members.
However, if you do not have any family members, some states permit a close friend relationship to assist you or appoint a physician to represent your best interests. If you are curious about the local laws in your state, you can research them through LegalMatch.com resources.
How Do You Prepare an Advance Directive?
Usually, many people refer to a lawyer to have their advance directive drafted. However, even before that, understanding your health limitations can be pivotal in initiating the conversation for having an advance directive. You can discuss this with family members, close friends, your doctor, or a religious advisor. Each state has samples online as forms for the advance directives. This can help you decide what to include and how specific the medical instructions need to be. No one form must be used, and you have the right to make your advance directive document.
To make your advance directive valid, it must be signed by you in the physical or electronic presence of two witnesses, who will also sign. Your healthcare agent cannot be your witness, and states have additional laws regarding notarization. After you complete those authorization steps, you need to provide a copy of your advance directive to your doctor. They can store it for you in your medical records.
You can also provide it to others you trust as needed. Copies are considered to be valid, similar to the original ones. Further requirements for an advance directive can be found in each state’s government agency.
When Would Your Advance Directive Take Effect?
Once your physician rules that you are not able to make decisions about your care on your own and certifies it in writing, your advance directive will go into effect. If your advance directive has particular health care instructions, depending on the medical condition, they will be in effect.
Also, if you appoint a health care representative, you need to specify the period when their decision-making begins. Remember, you can modify and update your advance directive as needed. Only the most recently updated advance directive will apply.
Should You Create an Electronic Advance Directive?
In an age of high digitalization, it makes sense to also have an electronic version of an advance directive. However, it is not mandatory to do so. However, It is easier to review changes, alter terms, and share your information with the healthcare providers in this format. Many states have created programs that recognize electronic advance directive services.
They have stringent online standards in place for this exchange to take place. This program allows healthcare providers to directly link to your electronic advance directive. There are a few fees involved that you need to pay for them to access your advance directive.
Each jurisdiction has its unique forms and processes for completing an advance directive in person or online. Check to figure out whether or not your state will uphold advance directives from another state. Usually, they can do so as long as the laws are similar to those of their state.
However, not all states may have the same viewpoint. You can complete the advance directives for all the states in which you spend a significant amount of time. It is recommended to consult with a lawyer regarding your legal options and where it makes sense to have an advance directive.
Every state permits you to choose an individual to make decisions about your healthcare when you are not able to make decisions for yourself. It is crucial to have a person in mind for this situation in case of a medical emergency. We briefly discussed the importance of appointing a healthcare agent and how they can impact your situation.
If you select a person according to your values and preferences, there is a higher likelihood that your wishes will be followed according to your own choices. Providing them with specific guidance can work in your favor. This will ensure that the healthcare representative can make decisions that best suit your interests in medical care.
There are guides provided through the local state website for how to choose the right proxy and how to get started on a medical advance directive. For further resources, you can browse through LegalMatch.com. If you do not choose a health representative in advance and there is a time you are unable to make your own decisions, the state laws will help your healthcare providers determine who can make those decisions for you.
Moreover, each state provides a particular procedure for these types of decisions. Some states may require a healthcare provider to notify a broader group of families who will become the decision-makers. At the same time, other states do not have any terms regarding how the decision process will take place. Depending on the state you reside in, you can research the local laws to adhere to.
When Do I Need to Contact a Lawyer?
An advance medical directive is a crucial document to identify your medical preferences for care if you are not able to make your own decisions. It provides a guideline to the medical community for accomplishing your medical care and needs goals. If you face any legal issues with your advance directive, reach out to a local estate lawyer to assist you with your case.
