Advance Directive
UNDERSTAND ALL THE OPTIONS WHEN IT COMES TO YOUR HEALTH
An Advance Directive is a document that informs your doctor or other healthcare providers of your wishes about your care when you’re unable to make decisions for yourself.
While a Representation Agreement can cover both personal and healthcare matters, an advance directive is limited to giving or refusing consent for specific types of health procedures, such as chemotherapy or blood transfusions. Since it’s nearly impossible to predict all potential health situations that could arise in your future, an advance directive has limited application.
Nonetheless, an Advance Directive can be used in conjunction with a Representation Agreement to provide your representative with more clarity on how decisions should be made.
Is an Advance Directive Right for Me?
Is an Advance Directive Right for Me?
While a Representation Agreement can cover both personal and healthcare matters, an advance directive is limited to giving or refusing consent for specific types of health procedures, such as chemotherapy or blood transfusions. Since it’s nearly impossible to predict all potential health situations that could arise in your future, an advance directive has limited application.
Nonetheless, an Advance Directive can be used in conjunction with a Representation Agreement to provide your representative with more clarity on how decisions should be made.
When Can an Advance Directive Be Used?
Advance directives, sometimes known as living wills, are primarily utilized when an individual becomes incapacitated and cannot make medical decisions for themselves. This might be due to a severe injury, illness, or cognitive decline. In such situations, healthcare professionals refer to an advanced directive to determine the individual’s previously stated wishes regarding medical treatments, interventions, and end-of-life care. Typically we recommend that our clients obtain a Representation Agreement instead of, or in addition to, an Advance Directive.
Who Needs an Advance Directive?
While many people might think advance directives are only for the elderly or those with serious health conditions, the truth is that anyone can benefit from having one. Life is unpredictable. Anyone can find themselves in an unfortunate situation where an advanced directive would become crucial. Any adult, young or old, who wants to ensure their medical care wishes are followed, should consider creating an advance directive.
Directive is Important
The importance of an advance directive becomes evident when considering the complications that arise in its absence. Without an advance directive, medical professionals may find themselves relying on standard care protocols to make decisions, instead of adhering to your specific wishes. This approach can often result in prolonged medical interventions that you may not have wanted.
If you don’t have an advance directive then the heavy burden of making important medical decisions may be placed on your loved ones which could lead to disputes. These disagreements can escalate, bringing added stress, and even leading to potential legal battles during times already filled with emotion. The situation can also draw in the legal system, with courts stepping in to make decisions on your behalf, a process that can be both long and costly.
Above all, the emotional strain on your close ones can be heavy as they try to grapple with the uncertainty of not truly knowing your desires. An advance directive serves to provide clarity and a sense of peace amidst the turmoil. We nonetheless urge you to obtain a Representation Agreement in addition to an advance directive so that your loved one(s) are prepared to deal with any eventuality, or at least have the authority to make decisions that are responsive to your actual circumstances.
Planning Ahead
It’s always a good practice to review all legal documents periodically, including advance directives. As we grow and evolve, our values and wishes can change. It’s crucial to ensure that these documents mirror our current desires and not what we felt years ago.
FAQs
If you become incapacitated and unable to make your own healthcare decisions, your healthcare providers may appoint someone to be your Temporary Substitute Decision Maker (TSDM). This person may not be the individual you would have selected to make decisions on your behalf, and they may be unprepared or ill-equipped to accept this responsibility. A TSDM does not have authority to make decisions about personal care (e.g., diet, grooming, clothing, spirituality, etc.), whereas a representative under a Representation Agreement does.
Perhaps the most important aspect of designating a power of attorney is deciding who you want to appoint as your legal representative. In most of United States, whomever you appoint is called an “attorney” (not to be confused with a “lawyer”, though they could be a lawyer). In addition to ensuring that this person is someone that you trust to carry out your wishes, you will also want to confirm that they are ready, willing, and able to act on your behalf.
Note that for a power of attorney to be valid, you must be mentally capable when you sign it, among other requirements.
A Representation Agreement is a legally binding agreement that authorizes someone to make most personal and healthcare decisions on your behalf. A Living Will (or ‘Expression of Wishes’), on the other hand, typically only includes your wishes related to end-of-life care (such as your desire for ‘heroic measures’ to sustain your life) and is considered to be only a morally binding rather than legally binding agreement. A Living Will can provide direction to the persons set out in your Representation Agreement on what kind of care you want, but it is preferable to include these instructions in a legally binding Advance Directive.
Considering an Advance Directive?
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When it’s time to prepare for the future and secure your own peace of mind, Dershowitz & Lewis Financial Law can help you determine the best option to protect your loved ones from having to make difficult decisions on your behalf. Schedule a free consultation call today to learn more.
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Nathan Dershowitz
Alexandra Lewis
Kaley Mia
Riaz Hasan
Aston Dark
John Peter
Donia Gomez
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