Advance Care Directives

     An advance care directive is a legal document that list a person’s preferences if they are to become incapacitated or unable to make decisions for themselves. This document will provide peace of mind for both you and your family.

Why one needs an Advance Directive

     It is impossible to know what health issues the future could hold. A medical condition could strip one of their ability to make their own decisions on the spot. It’s recommended that all older adults have one of these documents. This will ensure that their medical decisions are fulfilled when they cannot make them. 

The importance of advance care planning

     The absence of instruction will leave a burden of your family when making medical decisions. Without this document doctors are required to pursue all life-saving treatment available. These measures can be very extreme and more frail individuals may opt out due to the impact it may have on their health. These directives can provide guidance in the following circumstances:

  • Choice on using a ventilator and dialysis machine
  • The use of CPR
  • Treatments for pain
  • Organ donation
  • The use of artificial nutrition or feeding tubes.

Components of an advance directive

     Advance directive may have a different name according to different states. They usually consist of a living will and a durable POA. A living will is used to guide a caregiver for the elder one’s wishes for end-of-life care. A living will is used while the person is still alive while a regular will is used after the death of a person. A durable POA is a document that designates someone to act on the incapaciatted person’s behalf to make sure that their wishes are met.

Discussing health care wishes

     Before drafting an advance directive it’s best to go over one’s healthcare options with a physician. It should then be reviewed by the agent who will be acting as POA. These topics may be troubling to bring up to family, but it’s easier than  having to deal with healthcare decisions at the moment it goes bad. Make sure to have these conversations with your loved one to make sure they know it’s for their protection. You can also explain to them all the benefits that it will provide to them.

Where to get an advance directive

     An attorney can help with the process of drafting an advance health directive. Local hospitals can also be a good place to get information on it. 

Make sure your advance directive is up to date

      One’s end-of-life wishes cannot be followed if they have not clearly communicated them to the right people. As a caregiver make sure you are in the know of what your loved one wants. Make sure that certain steps are taken to ensure that your loved one’s advance directive is valid:

  • Make sure documents are signed by right witnesses or notary
  • Make sure the agent’s name along with the medical gal is listed.
  • Explain the patient’s health care to others if needed. 
  • Keep a copy of the advance directive that the hospital has on file. 
  • Provide all doctors caring for patient a copy of the advance directive
  • Make sure to revisit the advance directive in case any changes need to be made.

     Having these instructions written down removes the uncertainty of what medical care is desired. If these decisions are nor spelled out, then it is up to the doctors to make them. 

     The best way to protect yourself and your loved ones is to consult your local elder law attorney. They will make sure that you have the best plan to suit your end-of-life wishes.

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One of the many benefits of being an elder law attorney is getting to work with selfless clients who act not out of their own self interest, but out of a deep concern for the people they love.  That’s why I love helping families enjoy peace of mind and protect their hard-earned assets.

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