Estate planning is not solely about what happens to your assets after you die. It also is about protecting yourself and your loved ones. This includes having a plan for making critical medical decisions in the event you are unable to make them yourself. And, as with other aspects of your estate plan, the time to act is now, while you are healthy. If an illness or injury renders you unconscious or otherwise incapacitated, it will be too late.
To ensure that your wishes are carried out, and that your family is spared the burden of guessing — or arguing over — what you would decide, put those wishes in writing. Generally, that means executing two documents: a living will and a health care power of attorney (HCPA).
Clarifying the Terminology
Unfortunately, these documents are known by many different names, which can lead to confusion. Living wills are sometimes called “advance directives,” “health care directives,” or “directives to physicians.” And HCPAs also may be known as “durable medical powers of attorney,” “durable powers of attorney for health care,” or “health care proxies.” In some states, “advance directive” refers to a single document that contains both a living will and an HCPA.
For the sake of convenience, we will use the terms “living will” and “HCPA.” Regardless of terminology, these documents serve two important purposes: 1) to guide health care providers in the event you become terminally ill or permanently unconscious, and 2) to appoint someone you trust to make medical decisions on your behalf.
A living will expresses your preferences for the use of life-sustaining medical procedures, such as artificial feeding and breathing, surgery, invasive diagnostic tests, and pain medication. It also specifies the situations in which these procedures should be used or withheld.
Living wills often contain a do-not-resuscitate order, which instructs medical personnel to not perform CPR in the event of cardiac arrest.
An HCPA authorizes a surrogate — your spouse, child, or another trusted representative — to make medical decisions or consent to medical treatment on your behalf when you are unable to do so. It is broader than a living will, which generally is limited to end-of-life situations, although there may be some overlap.
An HCPA might authorize your surrogate to make medical decisions that do not conflict with your living will, including consenting to medical treatment, placing you in a nursing home or other facility, or even implementing or discontinuing life-prolonging measures.
Document Storage & Upkeep
No matter how carefully you plan, living wills and HCPAs are effective only if your documents are readily accessible and health care providers honor them. Store your documents in a safe place that is always accessible and be sure your loved ones know where to find them.
Also, keep in mind that health care providers may be reluctant to honor documents that are several years old, so it is a good idea to sign new ones periodically. Contact us for additional information.