ADVANCE HEALTHCARE DIRECTIVE

Make your own decisions.

WHAT IS AN ADVANCE HEALTHCARE DIRECTIVE?

An advance healthcare directive (“AHCD”) generally consists of health instructions and a power of attorney for health care, allowing an agent to make health decisions on behalf of the principal in the event of incapacity.

WHY DO I NEED AN AHCD?

An AHCD, along with a durable power of attorney, is an essential component of any estate plan. The importance of planning out what should occur in the event of incapacity is paramount. Without clear and valid instructions, a person who becomes incapacitated may be subject to costly and invasive conservatorship proceedings in court.

Many individuals have strong feelings on topics such as being on life-sustaining medical support while in a comatose state, and other intimately personal decisions regarding organ donations and burial instructions. By having a proper AHCD and a complete estate plan, you can have maximum control of your personal health affairs.

DO I NEED A POWER OF ATTORNEY IF I HAVE AN AHCD?

Yes, we advise in most cases for each person to have both, as each document serve a crucial component in any comprehensive estate plan in protecting the client in unexpected situations of incapacity and assisting the trustee of any involved trusts in carrying out certain required tasks.

Speak to our experienced estate planning attorneys today to determine what type of power of attorney you need for your estate plan and what considerations you should make before choosing your agent.

The Critical Role of Communication in Advance Directives

While legally binding documents like AHCDs provide a framework for medical decision-making, their efficacy is significantly enhanced through open and ongoing communication with family members and designated healthcare agents. A poignant example is the case of Lynne Chesley, who, despite having a living will, was kept on life-sustaining treatment due to familial disputes. Her sister, acting as her healthcare proxy, contested the directive, leading to a prolonged legal battle that ultimately upheld Chesley's original wishes. This underscores the necessity of not only documenting one's healthcare preferences but also ensuring that all involved parties are informed and in agreement with those decisions.​

Regularly Updating Your Healthcare Directives

Life circumstances evolve, and so should your AHCD. The American Bar Association recommends revisiting your healthcare directives during significant life events, often referred to as the "Five D's":​

  • Decade: At the start of each new decade of life.

  • Death: Following the death of a loved one.

  • Divorce: After a divorce or major family change.

  • Diagnosis: Upon receiving a serious medical diagnosis.

  • Decline: Experiencing a significant decline in health. ​

Updating your directives ensures they reflect your current wishes and circumstances, providing clarity and guidance to your healthcare agents and medical professionals.​

Selecting a Trustworthy Healthcare Agent

Choosing the right person to act as your healthcare proxy is a decision that carries immense responsibility. This individual should be someone who:​

  • Understands and respects your healthcare preferences and values.

  • Is willing and able to make potentially difficult decisions under stress.

  • Can communicate effectively with medical personnel and family members.

  • Is not part of your medical care team to avoid conflicts of interest. ​

Having candid conversations with your chosen agent about your healthcare wishes can prevent misunderstandings and ensure your directives are honored.​

Ensuring Accessibility and Compliance

An AHCD is only effective if it's accessible when needed. It's advisable to:​

  • Distribute copies to your primary care physician, healthcare agent, and close family members.

  • Keep a copy in an easily accessible location at home.

  • Consider carrying a wallet card indicating you have an AHCD and where it can be found. ​

Additionally, some states offer registries where you can file your AHCD, making it readily available to healthcare providers in emergencies. ​

Integration with Other Medical Orders

For individuals with specific medical conditions or preferences, integrating AHCDs with medical orders like Do Not Resuscitate (DNR) or Physician Orders for Life-Sustaining Treatment (POLST) forms can provide more detailed instructions to healthcare providers. These documents complement your AHCD by addressing immediate medical decisions in emergency situations. ​

The Importance of Legal Guidance

While it's possible to create an AHCD without legal assistance, consulting with an estate planning attorney can ensure that your directives comply with state laws and accurately reflect your wishes. Legal professionals can also help integrate your AHCD with other estate planning documents, providing a comprehensive approach to your future healthcare and financial decisions.​

In conclusion, an Advance Healthcare Directive is a vital component of your estate plan, offering peace of mind that your healthcare preferences will be respected. By maintaining open communication, regularly updating your directives, selecting a trustworthy agent, ensuring accessibility, and seeking legal guidance, you can navigate the complexities of healthcare planning with confidence.