Planning Ahead: Protect Your Health Care Choices with Living Wills and Health Care Proxies

Planning Ahead for Health Care Decisions: Understanding Living Wills, Health Care Proxies, and Advance Directives

As medical technology advances, people are living longer and facing increasingly complex health care decisions. Whether due to aging, illness, or sudden injury, there may come a time when you are unable to communicate your own wishes about medical treatment. Planning ahead ensures that your preferences are respected and can relieve your family from making difficult choices during stressful times.

In my practice, I frequently advise clients on the importance of creating clear, legally recognized documents that spell out their wishes. These documents—commonly referred to as Living Wills, Health Care Proxies, and Advance Health Care Directives—are powerful tools that give you control over your medical care, even if you are unable to speak for yourself.

What Are Advance Health Care Directives?

Advance Health Care Directives are legal documents that allow you to make decisions now about the medical care you would want if you become unable to communicate in the future. Without these documents, your loved ones might have to seek court approval just to make critical health care decisions on your behalf.

Although state laws vary, every state permits you to:

• Express your preferences regarding medical treatment in life-threatening situations.
• Appoint someone you trust to make health care decisions for you if you are incapacitated.

These directives go by various names depending on the state—such as Living Wills, Health Care Proxies, or Medical Powers of Attorney—but they all serve the same fundamental purpose: ensuring your health care choices are respected.

Living Wills: Stating Your Medical Preferences

A Living Will allows you to outline your wishes regarding life-sustaining treatments in advance. This document becomes effective if you are terminally ill, seriously injured, or in a persistent vegetative state and cannot communicate your decisions.

Typical decisions you can address in a Living Will include:

• Whether you wish to receive life-sustaining treatments, such as mechanical ventilation or resuscitation.
• Whether you want artificial nutrition and hydration (commonly referred to as "tube feeding").
• Preferences regarding pain management and comfort care.

It's important to carefully review the language in any Living Will. Some standard forms may include provisions that, for example, limit assisted breathing devices. If you are living with a condition such as COPD and depend on such equipment, this could have unintended consequences.

Additionally, your Living Will should reflect your personal values and beliefs. Some provisions may carry religious or ethical considerations, so it’s crucial to be certain that the instructions align with your principles.

Health Care Proxy: Choosing a Decision Maker

A Health Care Proxy, also known as a Health Care Surrogate or Durable Medical Power of Attorney, allows you to appoint someone you trust to make health care decisions on your behalf if you are unable to do so yourself. This person is often a close family member or trusted friend.

Key points about a Health Care Proxy:

• You can appoint one primary agent and, typically, one or more alternates if your first choice is unavailable.
• Your proxy must be someone willing and able to follow your instructions, even in difficult situations. If their personal beliefs conflict with your wishes, you should consider appointing someone else.
• Doctors will determine when you are no longer able to make your own decisions, at which point your proxy steps in to make decisions on your behalf.

Having a Health Care Proxy in place helps ensure that someone who understands and respects your values is making decisions in your best interest.

Why These Documents Matter

Advance directives provide clarity for physicians and family members during medical emergencies. Doctors rely on them to:

• Understand your treatment preferences.
• Identify the person you have authorized to make decisions on your behalf.

These documents prevent confusion and conflict among family members, who might otherwise disagree about what you would have wanted. They also spare your loved ones from the emotional burden of making such decisions without guidance.

How to Create and Maintain These Documents

An experienced estate planning attorney can prepare these documents according to your state’s legal requirements. Generally, they need to be signed in the presence of witnesses, who must meet certain criteria (for example, they cannot be anyone who stands to inherit from your estate).

Best practices include:

• Having the documents witnessed and, in some cases, notarized.
• Providing copies to your health care proxy, your primary physician, and your hospital when admitted.
• Storing the originals in a safe place where they can be easily located.

If you frequently reside in more than one state, it’s advisable to have documents prepared for each jurisdiction, as laws regarding recognition of out-of-state directives can vary.

You can revise or revoke these documents at any time by creating new ones and informing all relevant parties of the changes.

Organ and Tissue Donation

Many states allow you to indicate your wish to be an organ or tissue donor within your advance directive. Even if your driver’s license reflects this preference, it’s important to discuss your decision with your family, health care proxy, and physician. Additional steps—such as registering as an organ donor—may be required, depending on your state.

Communication Is Essential

While many people prefer to keep legal matters private, advance directives are an exception. Communicating your decisions clearly to your health care proxy, family members, and physicians is just as important as putting them in writing. Open discussions ensure everyone understands your wishes, reducing the emotional strain on your loved ones and increasing the likelihood that your preferences will be honored.

Final Thoughts

Planning for future health care decisions is an act of foresight and compassion. Advance directives give you control over how you are treated when you cannot speak for yourself and relieve your family from making agonizing decisions without your input.

As part of your comprehensive estate plan, Living Wills, Health Care Proxies, and Advance Directives are essential tools for protecting your autonomy and dignity. I encourage you to take the time to consider your preferences and to formalize them in these important legal documents.

We invite you to learn more about how our tailored, concierge-level services can provide peace of mind and legal certainty for you, your family, and your business.

Contact the RJ Fichera Law Firm today to get started. Together, we can protect what you’ve built—and plan for what’s next.

For more information, review all our Legal Services, and review the various ways that we can assist you and your family with all you Estate and Business Planning.

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If you have questions or wish to discuss creating or updating your health care directives, I would be glad to assist you.