A document that I often prepare for my clients as an essential part of their estate plan is the Advance Health Care Directive. This document is important so your wishes regarding medical decisions and end-of-life decisions will be known to your loved ones and medical providers.
In your Advance Health Care Directive, you designate an agent to make medical and end-of-life decisions. However, your agent will not be making these decisions for you; they will be enforcing the decisions you have already made. Your agent can be a spouse, partner, adult child, sibling, other family member, or close friend. Your agent should not be a medical provider or operator of a care facility (unless they are also a family member).
Your agent will have the legal authority to instruct medical providers about your medical care if you are unable to give these instructions yourself. You should also designate an alternate agent in the event your primary agent is unable or unwilling to act when the time comes for them to act.
What does an Advance Health Care Directive Do?
Your Advance Health Care Directive will instruct your family and medical providers as to your wishes regarding some or all of the following directions:
- Life Support (Artificially Prolonging Your Life)
- Withholding Of Nutrition And Hydration
- Organ Donation
- Autopsy
- Disposition Of Remains (Cremation Or Burial)
- Relief From Pain
- Personal Care
- Where You Wish To Spend Your Final Days
- Selection Of Health Care Providers
It’s your life and your dignity – it is important to ensure your medical decisions are made by you, and enforced by the people you want.
For many people this includes making sure unwanted family members do not have the power to make medical decisions for them. In your Advance Health Care Directive you can specifically exclude unwanted family members from being your medical agent.
By preparing an Advance Health Care Directive, you avoid the need for a conservatorship, which is a complicated court process where a judge will decide who makes medical decisions for you. Do not let a judge decide who will have the power over your medical decisions. It should be up to you!
Advance Health Care Directive Services
For more information on preparing your Advance Health Care Directive and establishing your comprehensive estate plan, or to schedule an estate planning consultation, call us at (760) 673-7600 or schedule an estate planning consultation.