Navigating End-of-Life Decisions: The Importance of Living Wills and Health Care Powers of Attorney

Proactive Planning: Securing Your Health Care Wishes

None of us wish to dwell on scenarios that involve our incapacitation due to illness, injury, or the effects of age. Nevertheless, an avoidance of such planning could very well leave your medical choices in the hands of distant relatives, health care professionals, or even courtrooms—none of whom might be privy to your personal wishes. By preemptively clarifying your preferences and appointing a trusted individual to oversee your care, you can ensure that your medical treatment remains consistent with your desires.

Understanding Your Options for Health Care Directives

Two fundamental documents serve as the bedrock for communicating your health care preferences: a living will and a durable power of attorney for health care. Preparing both is crucial, as it may ensure all aspects of your future medical care align with your wishes. While some states merge these documents into a single advanced directive, each serves a specific role in health care planning.

Living Wills Explained

A living will—unrelated to traditional wills or trusts concerning posthumous property distribution—provides a clear directive regarding medical care in the event that you are unable to actively communicate your desires due to incapacitation. Your living will is your voice, indicating precisely what treatments you want or wish to avoid.

Durable Power of Attorney for Health Care

Additionally, a durable power of attorney for health care entrusts a health care agent of your choosing to make consequential decisions on your behalf. This appointed surrogate—an individual you trust implicitly—will work to ensure that your specified care preferences are followed by the medical team.

Eligibility To Create Health Care Directives

Legal adulthood, typically at 18 years old, and cognitive competence are prerequisites for drafting enforceable health care directives. Clarity in understanding the documents’ purpose, content, and execution is imperative.

Activation of Health Care Directives

Should your treating physician determine you’re incapable of making informed decisions about your medical care, your health care directives become operational. Essentially, this takes effect when you cannot comprehend the choices available or communicate your preferences.

Your agent can assume immediate responsibility for your medical care decisions in certain states, allowing a transition that bypasses medical assessments of capacity. This immediate activation doesn’t negate your ability to oversee your treatment as long as you are able; your agent is obligated to respect and enact your wishes and act in your best interests.

The Duration and Conclusion of Health Care Directives

Your living will and durable power of attorney for health care maintain their effectiveness throughout your lifetime unless specified otherwise, such as revocation. A few specifics regarding the cessation of these documents include:

• Personal revocation: You possess the right to modify or revoke your health care documents, and doing so necessitates that your health care agent and providers be made aware.
• Court intervention: Though unlikely, legal challenges to the validity of your documents could emerge, potentially invalidating your directives if not properly executed.
• Change in relational status: Divorce can nullify your spouse’s authority as your health care agent, shifting the role to the alternate person you’ve designated unless a new directive is created.
• Postmortem: Your directives generally end with your passing, but some jurisdictions may allow your agent to address matters related to your body’s disposition, such as autopsy approval or organ donation, unless expressly prohibited in your directives.

For personal assistance in preparing these vital documents to safeguard your health care choices, please contact Goldberg & Goldberg at (301) 654-5757. Our compassionate legal team is here to guide you and offer a Free Consultation to ensure your peace of mind.