Planning for future healthcare decisions is a crucial step for every adult. Thinking about and communicating your wishes regarding medical treatment to your loved ones and healthcare providers is essential. This proactive approach, often referred to as advance care planning, ensures your preferences are honored should you become unable to express them yourself. This involves considering various legal documents and tools, and a valuable resource in this process is the consumer’s tool kit for health care advance planning. This guide will walk you through the key components of advance healthcare planning, including wills, advance directives, and guardianship, empowering you to take control of your future medical care.
Wills
A will is a fundamental legal document that dictates the distribution of your assets after your passing. It specifies who will inherit your property and in what proportion. Beyond asset distribution, a will can also address critical aspects such as:
- Naming a guardian for minor children or even pets, ensuring their care is entrusted to someone you choose.
- Identifying a responsible individual to manage property on behalf of beneficiaries, particularly minors, until they reach adulthood.
- Appointing an executor to oversee your estate, managing your assets and settling your affairs from the time of death until the estate is finalized.
Advance Directives
Advance directives are legal documents that articulate your preferences for medical care should you become unable to communicate your decisions due to illness or injury. It’s vital for all adults to establish advance directives; unexpected accidents or serious illnesses can occur at any time. While contemplating these scenarios can be uncomfortable, having these discussions and creating advance directives is an act of love and responsibility. It alleviates significant burdens on your loved ones during already stressful times by providing clear guidance on your healthcare wishes.
For comprehensive assistance in navigating these important conversations and decisions, the Consumer’s Tool Kit for Health Care Advance Planning from the American Bar Association is an invaluable resource. This tool kit is designed to guide you in exploring, clarifying, and communicating what matters most to you in the face of serious illness.
It is also important for adult children or concerned friends to know if advance directives exist and where these crucial documents are stored. Resources are available to help document the location of important papers, ensuring they can be accessed when needed.
Several online platforms offer standardized forms, often free or at a low cost, to assist in creating these documents. A simple internet search can help you find suitable resources.
Living Wills or Health Care Directive
A living will, also known as a health care directive, is a legal document specifically designed to communicate your wishes regarding life-sustaining medical treatments. It comes into effect if you are diagnosed with a terminal condition or face a life-threatening situation where you are unable to express your preferences. A living will clarifies to healthcare professionals the types of medical interventions you would or would not want to prolong your life in such circumstances. It is recommended that every adult have a living will as part of their advance healthcare planning.
Durable Power of Attorney for Health Care
A Durable Power of Attorney for Health Care is a legal document that empowers you to designate a trusted individual to make healthcare decisions on your behalf if you become incapacitated and unable to communicate your own choices. This designated person, often referred to as a healthcare agent or proxy, will make decisions in line with your values and wishes. Typically, a durable power of attorney for health care becomes effective only when you are deemed unable to make your own decisions and remains in effect for the duration of your incapacitation.
Guardianship
Guardianship becomes relevant when an individual becomes incapacitated without having previously established a Durable Power of Attorney for Health Care or other advance directives. Incapacity can arise from various causes, including accidents, illnesses, or disabilities.
In such situations, a family member, friend, care facility, or case manager may petition the court to appoint a legal guardian. Guardians are legally obligated to act in the best interests of the incapacitated person, making decisions that align with their values and needs.
A guardian’s responsibilities can extend beyond healthcare decisions to encompass managing the person’s property, income, and finances, depending on the scope of the guardianship appointed by the court.
