Your Body Is Your Temple
One of the most important aspects of your estate plan is an Advance Healthcare Directive. This is a legal document that allows you to name an agent to act on your behalf regarding medical decisions. Should you become incapacitated in any way and can no longer communicate with your doctors or other healthcare professionals, your agent would speak on your behalf and help manage your care. This document is crucial in order to outline your wishes for your healthcare and provide instructions to your loved ones on how you would like to be treated. In this month’s blog, I’ll discuss the importance of setting up an Advance Healthcare Directive as part of your estate plan, what’s contained in this type of directive and what steps you can take in order to make your wishes known.
According to the United States Supreme Court, you have a constitutional “right to die,” free of government intrusion. You may determine the manner and method of your death and also dictate the timing of it. Granted, you must state your wishes in a clear and convincing manner, but if you do so, your decision should be respected by hospitals, physicians, and of course, your family members. This is where an Advance Healthcare Directive comes in. This directive allows you to do two things:
state your wishes regarding the use of life-sustaining medical treatment, and
designate a health care agent for making health care decisions short of the decision to end life support, such as what doctor, what procedure, and what medications you might need.
Now, keep in mind your end-of-life instructions will only apply in certain situations, mainly:
when medical treatments might prolong your life for a limited amount of time but not help you recover, and
when not receiving treatment will lead to your death.
Also, keep in mind that your desire to sustain or forgo life-sustaining treatment only applies when you are in a life threatening situation. But, doctors who receive a properly executed Advance Healthcare Directive are legally bound to honor your wishes. However, it is possible that the doctor or hospital has a fundamental objection to your wishes, which is all the more reason to select someone as your agent who will be a strong advocate for you. An Advance Healthcare Directive can be as detailed as you want it to be, including outlining your desire for pain relief, medications, organ donation and even what type of health care facility you want to be treated in. Now, when choosing your agent to make decisions about your medical treatment, it’s important to keep in mind the burden this responsibility comes with. Many people often choose not to have an Advance Healthcare Directive simply because they want their spouse or children to decide what to do if this situation ever arises. That’s a tremendous amount of pressure to put on your loved ones in general, but especially during a trying time dealing with a loved one who has fallen ill. Granted, there is still pressure that comes with being named a healthcare agent, but your agent will feel much better about making these decisions if they have some direction from you ahead of time. Also, it’s not just about outlining your wishes in writing. Make sure you discuss your healthcare wishes with your agent, and your family in general, so everyone is on the same page and knows what to do when this situation arises. It’s possible your family may not agree on a certain aspect of your treatment, but that’s why it’s crucial to have your wishes in writing, so your doctors know how to proceed even in the face of disagreement among family members.
When choosing your healthcare agent, keep in mind this person has broad powers over your healthcare. You are able to limit or expand the scope of these duties, but absent written instructions, your healthcare agent will be able to make these decisions in accordance with what they feel is best in a given situation. You want to make sure the person you choose as your agent will be a good advocate for you, understands what you really want, will respect your wishes, can be by your side at the hospital, and would be able to clearly communicate your wishes to your family. Take the time to think about who you feel is best suited for this tremendous responsibility and make sure you are both on the same page when it comes to your treatment. Finally, some of you may be thinking you’re too young or too healthy to set up an Advance Healthcare Directive. I promise this aspect of your estate plan is not only for the ill or the elderly. If nothing else, set one up to save your family from the burden of having to make these crucial decisions on their own and to limit or all together prevent any potential arguments that may arise. Your family will feel much more comfortable knowing they have directions on how to manage your treatment and care.
Still have questions? That’s great! Sign-up for and initial consultation and let’s discuss your healthcare wishes as part of your overall estate plan.
